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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JODI LYNN MENDIOLA, 09-001163PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-001163PL Visitors: 1
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
Source:  Florida - Division of Administrative Hearings

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