Elawyers Elawyers
Washington| Change

DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs MILADYS PENALVER, 10-001794PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001794PL Visitors: 4
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MILADYS PENALVER
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Apr. 02, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 11, 2010.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA 208) son 9 EDUCATION PRACTICES COMMISSION © “872 AT: 2] DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 089-1133 MILADYS PENALVER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MILADYS PENALVER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’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 1. The Respondent holds Florida Educator’s Certificate 824044, covering the area of Guidance and Counseling, which is valid through June 30, 2012. 2. Atall times pertinent hereto, the Respondent was employed as a Guidance Counselor at Coral Glades High School in the Broward County School District. MATERTAL ALLEGATIONS 3. On or about June 16, 2008, Respondent pled guilty to the charges of Public Assistance Fraud and Grand Theft. 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. MILADYS PENALVER Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(D, 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 Administrative Complaint, Petitioner respectfully recommends that the Education Practices 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 Réspondent’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 [La ay of dialy , 2009. Commissioner of Education State of Florida

Docket for Case No: 10-001794PL
Issue Date Proceedings
Jun. 11, 2010 Order Closing File. CASE CLOSED.
Jun. 11, 2010 Order Directing Filing of Exhibits
Jun. 11, 2010 Amended Notice of Hearing by Video Teleconference (hearing set for June 17, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to video and location).
Jun. 11, 2010 Motion to Cancel Hearing and to Relinquish Jurisdiction to the EPC filed.
Jun. 09, 2010 Order Denying Motion to Relinquish Jurisdiction.
May 27, 2010 Request for Admissions filed.
May 27, 2010 Respondent's Responses to Petitioner's Request for Admissions (with attachments) filed.
May 27, 2010 Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
May 18, 2010 Respondent's Responses to Petitioner's Request for Admissions filed.
May 04, 2010 Notice of Service of Interrogatories and Request for Production filed.
Apr. 16, 2010 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Apr. 16, 2010 Notice of Service of Petitioner's First set of Interrogatories to Respondent filed.
Apr. 16, 2010 Notice of Service of Petitioner's Request for Production to Respondent filed.
Apr. 14, 2010 Joint Response to Initial Order filed.
Apr. 13, 2010 Order of Pre-hearing Instructions.
Apr. 13, 2010 Notice of Hearing (hearing set for June 17, 2010; 9:00 a.m.; Fort Lauderdale, FL).
Apr. 02, 2010 Initial Order.
Apr. 02, 2010 Administrative Complaint filed.
Apr. 02, 2010 Amended Election of Rights filed.
Apr. 02, 2010 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Apr. 02, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer