Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: VALENCIA A. GABRIEL
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Aug. 26, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 5, 2011.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
}0- 9396 PL
JEANINE BLOMBERG, as aio
Comntissioner of Education,
Petitioner,
vs.
CASE NO. 045-2554-B
VALENCIA A. GABRIEL,
Respondent,
ADMINISTRATIVE COMPLAINT
Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative
Complaint against VALENCIA A. GABRIEL. The Petitioner seeks the appropriate disciplinary
sanction of the Respondent’s educator’s certificate pursuant to Sections 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:
JORISDICTION
1. The Respondent holds Florida Educator’s Certificate 806489, covering the area of
Vary Exceptionalities, which is valid through June 30, 2008.
2. At all times pertinent hereto, the Respondent was employed as an Exceptional
Student Education Teacher at American Senior High School in the Miami-Dade County School
District.
MATERIAL ALLEGATIONS
3. During the Fall of 2003, Respondent copied trademark protected songs and movies
onto compact discs without authorization and sold the discs to students and adults. Respondent
employed her own son and M.H., a sixteen-year-old, male student, to sell the counterfeit discs on
school grounds to other students. On or about August 20, 2004, Respondent was arrested and
charged with: Count 1, Unauthorized Copying of Disk or Other Article on Which Sounds Are
Recorded; Count 2, Vending Goods or Services with Counterfeit Trademarks or Service Marks;
Count 3, Forging or Counterfeiting Private Labels, Possession of Reproduction Materials; Count 4,
Filed August 26, 2011 10:43 AM Division of Administrative Hearings
VALENCIA A. GABRIEL
Administrative Complaint
Page 2 of 3
Contributing to the Delinquency of a Minor. On or about September 9, 2004, the state attorney’s
office dismissed Count 3 and Count 4. On or about December 15, 2004, Respondent’s district
terminated her from her teaching position. On or about May 31, 2005, Counts 1 and 2 were nolle
prossed upon Respondent's completion of a pre-trial intervention program.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT i: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude.
COUNT 2: The Respondent is in violation of Section 1012.795(1)D, Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces her
efféctiveness as an employee of the school board.
COUNT 3: The Respondent is in violation of Section 1012.795(1)(), Florida Statiztes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules,
RULE VIOLATIONS |
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort
to protect the student from conditions harmful to learning and/or to the student’s mental health
and/or physical health and/or safety.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a
student for personal gain or advantage.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for
personal gain or advantage.
(SIGNATURE GN FOLLOWING PAGE)
VALENCIA A. GABRIEL
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; 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 22" say of (YNeccks 2007.
JEANINE BLOMBERG, as
Commissioner of Education
State of Florida
Docket for Case No: 11-004384PL
Issue Date |
Proceedings |
Oct. 05, 2011 |
Order Closing File. CASE CLOSED.
|
Oct. 05, 2011 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Sep. 20, 2011 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Sep. 20, 2011 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Sep. 20, 2011 |
Notice of Service of Petitioner's First Set of Interogatories to Respondent filed.
|
Sep. 16, 2011 |
Order of Pre-hearing Instructions.
|
Sep. 16, 2011 |
Notice of Hearing by Video Teleconference (hearing set for October 31, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
|
Aug. 26, 2011 |
Initial Order.
|
Aug. 26, 2011 |
Election of Rights filed.
|
Aug. 26, 2011 |
Agency referral filed.
|
Aug. 26, 2011 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Aug. 26, 2011 |
Administrative Complaint filed.
|