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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs DAISY DRUMMOND, 10-010922PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010922PL Visitors: 6
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: DAISY DRUMMOND
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Dec. 28, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 2, 2011.

Latest Update: Sep. 16, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO. 090-2513 DAISY DRUMMOND, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DAISY DRUMMOND. 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 428912, covering the areas of Administration/Supervision, Elementary Education, Emotionally Handicapped, English for Speakers of Other Languages (ESOL), and Specific Learning Disabilities, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Varying Exceptionalities Teacher at Bunche Park Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about December 14 and 15, 2009, Respondent was absent from school for two days. 4. Respondent had only enough leave time available to cover one of the two days she missed. Filed December 28, 2010 10:48 AM Division of Administrative Hearings DAISY DRUMMOND Administrative Complaint Page 2 of 3 5. On or about December 16, 2009, Respondent submitted a doctor’s note and receipt, both of which had been fraudulently altered by Respondent, to support a Worker’s Compensation claim for the two missed days of work. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT3: — The Respondents in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) DAISY DRUMMOND Administrative Complaint Page 3 of 3 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 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. ECUTED on this VA" aay or Ocbber 2010. ey DR. ER{C/. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-010922PL
Issue Date Proceedings
May 02, 2011 Order Closing File. CASE CLOSED.
May 02, 2011 Motion to Close File filed.
Apr. 11, 2011 Notice of Service of Petitioner's Response to Respondent's Interrogatories and Request for Production to Petitioner filed.
Mar. 22, 2011 Notice of Taking Depositions (of Y. Aponte, A. Wright, R. Royo, and O. Benitez) filed.
Mar. 16, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 17, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Mar. 08, 2011 Respondent's Agreed Motion for Continuance of Hearing filed.
Mar. 08, 2011 Notice of Substitution of Counsel filed.
Mar. 08, 2011 Notice of Appearance (of M. Haynes) filed.
Mar. 07, 2011 Petitioner's Exhibit List (exhibits not attached) filed.
Mar. 07, 2011 Petitioner's Exhibit List (Petitioner's Witness List) filed.
Feb. 15, 2011 Amended Notice of Taking Deposition (of D. Drummond) filed.
Feb. 09, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 25, 2011; 1:00 p.m.; Miami and Tallahassee, FL).
Feb. 08, 2011 Unopposed Motion for Continuance filed.
Jan. 14, 2011 Notice of Serving First Request for Production of Documents to Petitioner filed.
Jan. 14, 2011 Notice of Serving Interrogatories to Petitioner filed.
Jan. 06, 2011 Notice of Appearance (of M. Herdman) filed.
Jan. 04, 2011 Order of Pre-hearing Instructions.
Jan. 04, 2011 Notice of Hearing by Video Teleconference (hearing set for March 17, 2011; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 03, 2011 Certificate of Service of Discovery filed.
Dec. 28, 2010 Initial Order.
Dec. 28, 2010 Election of Rights filed.
Dec. 28, 2010 Agency referral filed.
Dec. 28, 2010 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Dec. 28, 2010 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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