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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs CATHERINE WIRES, 11-001667PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001667PL Visitors: 1
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: CATHERINE WIRES
Judges: JESSICA E. VARN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Apr. 04, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 25, 2011.

Latest Update: Jul. 04, 2024
11001667_375_04042011_12380600_e


STATE OF' FLORIDA EDUCATION PRACTICES COMMISSION


DR. ERIC .J. SMITH, as

Commissioner of Education,


Petitioner,


vs. CASE NO. 089-2725


CATHERINE WIRES,


Respondent.

- - - - - - - - -'- -'--'-'-------- - - - --' !



ADMINISTRATIVE COMPLAINT


Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CATHERINE WIRES. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's edu,cator's certificate pursuant to Sections 1012.315, 10 12.795, and l 012.796, Fiorida 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 FJorida Educator's Certificate 820633, covering the areas of ElementarJ Education, E1tgiish for Speakers of Other Languages (ESOL), and Gifted, which is valid through June 30, 2011.


  2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Dania Elementary School in the Broward County School District..


    MATERIAL ALLEGATIONS


  3. During the 2007 - 2008 school year; irt Broward County, Florida, Respo11dent participated in National Board Certification through the National Board for Professional Teaching Standards (NBPTS). While participating in the certification process, Responden t submitted mated al for evaluation that demonstrated a high degree of overlap between her submissions and that of another cu11ent or former candidate.


    Filed April 4, 2011 12:38 PM Division of Administrative Hearings


    CATH'E RINE WIRES

    Administrative Complaint

    Page 2 of3


  4. On or about April 13, 2009, the NBPTS detennined that Respondent had violated the NBPTS Certification Policy prohibiting dishonesty in connection with the assessment process. NBPTS has banned Respondent from future participation in the National Board process.


The Petitioner charges:

STATUTE VIOLATIONS


COUNT 1: The Respondent is in violation of Section 1012.795(l)(d), Florida Statutes, in that Respondent has been guilty of gross innnorality 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)0), 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 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1O"V o"-\'..CJ\J/\a) , .r1n'1o1-1'da A...t.l.l,1..J,l.l :strat;....e "Vod"v", U;......l tha+t.Res¥. n.A.LoU.nHt has .f<".-u:l.1u1..,..,,....r,1_ tn '-m' ait,u7.f,_o.,,1,_r,_i, ,h,_orJP..,c..i,y AinH•1••1 professional dealings.


COUNT 4: The Respondent is 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.


(SIGNATlJRE ON I?OLLOWING PAGE)



CATHERJNE \VIRES

A_dn1inistrative Con1plaint

Page 3 of3


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 IO12.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Connnission 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; directi..ng 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 j_\-\--h day of jV\ cb , 2010.



DR. ElUC Jiji{i_rrH, as --- Commissioner of Education

State of Florida


Docket for Case No: 11-001667PL
Issue Date Proceedings
Oct. 27, 2011 Transmittal letter from Claudia Llado forwarding one-volume Transcript, along with Petitioner's Exhibits numbered 1-7 (7 was not admitted), 10-17, and 19-20, and Respondent's Exhibits numbered 1-14, to the agency.
Oct. 25, 2011 Order Relinquishing Jursidiction and Closing File. CASE CLOSED.
Oct. 25, 2011 Motion to Relinquish Jurisdiction to the Education Practices Commission and to Close File at DOAH filed.
Oct. 24, 2011 Notice of Filing Transcript.
Oct. 21, 2011 Transcript of Proceedings (not available for viewing) filed.
Oct. 10, 2011 CASE STATUS: Hearing Held.
Oct. 06, 2011 Notice of Transfer.
Oct. 03, 2011 Respondent's Exhibits (exhibits not available for viewing)
Oct. 03, 2011 Petitioner's First Amended Exhibit List (exhibits not available for viewing)
Oct. 03, 2011 Agency`s court reporter confirmation letter filed with the Judge.
Oct. 03, 2011 Notice of Filing Petitioner's First Request for Admissions to Respondent and Respondent's Response to Petitioner's First Request for Admissions filed.
Sep. 22, 2011 Petitioner's First Amended Exhibit List filed.
Sep. 21, 2011 Notice of Service of Respondent's Responses to Petitioner's Second Request for Production of Documents filed.
Sep. 21, 2011 Notice of Service of Respondent's Answers to Petitioner's Second Set of Interrogatories filed.
Aug. 22, 2011 Second Certificate of Service of Discovery filed.
Jul. 15, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 10, 2011; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
Jul. 14, 2011 Unopposed Motion for Continuance filed.
Jun. 27, 2011 Notice of Appearance (of M. Mihok) filed.
Jun. 23, 2011 Order Re-scheduling Hearing by Video Teleconference (hearing set for August 30, 2011; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
Jun. 23, 2011 Case Status Report filed.
Jun. 15, 2011 Order Granting Continuance (parties to advise status by June 24, 2011).
Jun. 15, 2011 Emergency Motion to Continue Formal Hearing filed.
Jun. 13, 2011 Petitioner's (Proposed) Exhibits (not available for viewing) filed.
Jun. 10, 2011 Joint Pre-hearing Stipulation filed.
May 31, 2011 Notice of Taking Deposition (of C. Wires) filed.
May 31, 2011 Petitioner's Exhibit List (exhibits not attached) filed.
May 31, 2011 Petitioner's Witness List filed.
May 10, 2011 Certificate of Service of Discovery Responses filed.
May 03, 2011 Order Denying Consolidation and Re-scheduling Hearing by Video Teleconference (hearing set for June 20, 2011; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
May 02, 2011 Joint Motion to Consolidate Cases filed.
Apr. 20, 2011 Order of Pre-hearing Instructions.
Apr. 20, 2011 Notice of Hearing by Video Teleconference (hearing set for May 31, 2011; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Apr. 11, 2011 Unilateral Response to Initial Order filed.
Apr. 11, 2011 Certificate of Service of Discovery filed.
Apr. 04, 2011 Initial Order.
Apr. 04, 2011 Agency referral filed.
Apr. 04, 2011 Order filed.
Apr. 04, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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