Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JODI LYNN MENDIOLA
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Orlando, Florida
Filed: Mar. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 1, 2009.
Latest Update: Oct. 05, 2024
STATE OF FLORIDA er
EDUCATION PRACTICES COMMISSION?
OF- Gd PL
HAR -2 PH 354
i
DR. ERIC J. SMITH, as “U4 HAR 5 38
Commissioner of Education, Myisig 0
: ADMINIS TR ative
Petitioner, HEARINGS
vs. CASE NO. 078-3044
JODI LYNN MENDIOLA,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against JODI LYNN MENDIOLA. The Petitioner seeks the appropriate disciplinary
sanction of the Respondént’s educator’s certificate pursuant to Sections 1012.315, 1012.795, and
1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles
of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth
in Sections 1012.795(1) and 1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
i. The Respondent holds Florida Educator’s Certificate 832098, covering the area of
School Social Worker, which is valid through June 30, 2012.
2. At all times pertinent hereto, the Respondent was employed as a Social Worker in
the Orange County School District.
MATERIAL ALLEGATIONS
3. On or about November 17, 2007, the Respondent drove while under the influence of
drugs or alcohol and was involved in a car accident, causing property damage. The Respondent was
arrested and charged with Driving Under the Influence with Property Damage or Injury. The
Respondent pled nolo contendere to, and was adjudicated guilty of, this offense.
4. The Respondent is in violation of Section 1012.795(2), Florida Statutes, which
provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof
of grounds for the revocation of the certificate.
JODI LYNN MENDIOLA
Administrative Complaint
Page 2 of 2
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes,
in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless
of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor
traffic violation.
WHEREFORE, based on the reasons set forth herein and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s educator’s certificate for a period of time not to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; determining the Respondent to be ineligible for certification; or barring the
Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or
permanently.
EXECUTED on this qth “day of October , 2008.
Commissioner of Education
State of Florida
Docket for Case No: 09-001163PL
Issue Date |
Proceedings |
Jul. 01, 2009 |
Order Closing File. CASE CLOSED.
|
Jul. 01, 2009 |
Joint Motion to Close File filed.
|
Jun. 29, 2009 |
Petitioner's Motion to Relinquish Jurisdiction to Education Practices Commission filed.
|
Jun. 04, 2009 |
Order Granting Petitioner`s Request for Judicial Notice.
|
May 26, 2009 |
Petitioner's Notice of Propounding First Interrogatories to Respondent filed.
|
May 26, 2009 |
Petitioner's Requests for Production to Respondent filed.
|
May 26, 2009 |
Petitioner's Request for Judicial Notice filed.
|
May 18, 2009 |
Petitioner`s Response to Request for Production filed.
|
Apr. 30, 2009 |
Order Re-scheduling Hearing (hearing set for July 14, 2009; 9:00 a.m.; Orlando, FL).
|
Apr. 29, 2009 |
Response to Rescheduling Order filed.
|
Apr. 21, 2009 |
Order Granting Continuance (parties to advise status by May 4, 2009).
|
Apr. 21, 2009 |
CASE STATUS: Motion Hearing Held. |
Apr. 20, 2009 |
Motion for Continuance filed.
|
Apr. 10, 2009 |
Respondent`s First Set of Interrogatories filed.
|
Apr. 10, 2009 |
Respondent`s First Request for Production of Documents filed.
|
Mar. 30, 2009 |
Petitioner`s Requests for Admission to Respondent filed.
|
Mar. 17, 2009 |
Order of Pre-hearing Instructions.
|
Mar. 17, 2009 |
Notice of Hearing (hearing set for May 6, 2009; 9:00 a.m.; Orlando, FL).
|
Mar. 13, 2009 |
Joint Response to Initial Order filed.
|
Mar. 05, 2009 |
Initial Order.
|
Mar. 05, 2009 |
Administrative Complaint filed.
|
Mar. 05, 2009 |
Election of Rights filed.
|
Mar. 05, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Mar. 05, 2009 |
Agency referral
|