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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JUDITH EVADNEY GREY, 11-006141PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-006141PL Visitors: 140
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JUDITH EVADNEY GREY
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Dec. 02, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 16, 2012.

Latest Update: Nov. 14, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-2792 JUDITH EVADNEY GREY, | Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JUDITH EVADNEY GREY. 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 716194, covering the areas of Educational Leadership, English for Speakers of Other Languages (ESOL), and Primary Education, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Second Grade Teacher at Ludlam Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 25, 2010, in Miami-Dade County, Florida, Respondent restrained second-grade female student A.H. and allowed second-grade female student A.P. to strike A.H. Filed December 2, 2011 9:14 AM Division of Administrative Hearings JUDITH EVADNEY GREY Administrative Complaint Page 2 of 3 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)(), 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- 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) JUDITH EVADNEY GREY 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. EXECUTED on this | ‘to of {Y\ - , 2011. DR. E J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-006141PL
Issue Date Proceedings
Feb. 16, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 15, 2012 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Dec. 22, 2011 Notice of Service of Petitioner's Request for Production to Respondent filed.
Dec. 22, 2011 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Dec. 22, 2011 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Dec. 15, 2011 Order of Pre-hearing Instructions.
Dec. 15, 2011 Notice of Hearing by Video Teleconference (hearing set for February 24, 2012; 9:00 a.m.; Miami and Tallahassee, FL).
Dec. 13, 2011 Joint Response to Initial Order filed.
Dec. 02, 2011 Initial Order.
Dec. 02, 2011 Election of Rights filed.
Dec. 02, 2011 Agency referral filed.
Dec. 02, 2011 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Dec. 02, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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