Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: DAWN MARIE DILTS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Lakeland, Florida
Filed: Jul. 24, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 25, 2012.
Latest Update: Jan. 28, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
GERARD ROBINSON, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 101-2761
DAWN MARIE DILTS,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative
Complaint against DAWN MARIE DILTS. 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 887918, covering the areas of
Educational Media, Specialist, Elementary Education, English for Speakers of Other Languages
(ESOL), and Exceptional Student Education, which is valid through June 30, 2017.
2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher
at Jewett School of the Arts in the Polk County School District.
MATERIAL ALLEGATIONS
3. On or about February 22, 2011, eighth grade male student R.M. stood up from his
chair in the Respondent’s classroom and walked to another part of the classroom to speak to another
student, As R.M. moved back to his assigned seat, the Respondent moved the chair that R.M. had
been using under a table. R.M. did not notice that the Respondent had moved the chair and R.M. sat
down hard on the floor. The Respondent told R.M. “That’s what you get for not being in your seat,”
or words to that effect. Students laughed at R.M.’s fall to the floor. R.M. felt pain in his back and
also discovered that the fall had cracked his cell phone.
Filed July 24, 2012 9:28 AM Division of Administrative Hearings
DAWN MARIE DILTS
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)j), 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(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 3: 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)
DAWN MARIE DILTS
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 \Y8O day of Mas . 2012.
Commnissioner of Education
State of Florida
Docket for Case No: 12-002521PL
Issue Date |
Proceedings |
Sep. 25, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Sep. 25, 2012 |
Unopposed Motion to Close File filed.
|
Sep. 11, 2012 |
Notice of Taking Deposition (of R.M.) filed.
|
Aug. 30, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 10, 2012; 9:00 a.m.; Lakeland, FL).
|
Aug. 30, 2012 |
Motion to Continue and Reschedule Final Hearing filed.
|
Aug. 28, 2012 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
|
Jul. 26, 2012 |
Order of Pre-hearing Instructions.
|
Jul. 26, 2012 |
Notice of Hearing by Video Teleconference (hearing set for September 14, 2012; 9:00 a.m.; Lakeland and Tallahassee, FL).
|
Jul. 26, 2012 |
Certificate of Service of Discovery filed.
|
Jul. 26, 2012 |
Joint Response to Initial Order filed.
|
Jul. 25, 2012 |
Initial Order.
|
Jul. 25, 2012 |
Notice of Appearance (Mark Herdman) filed.
|
Jul. 24, 2012 |
Election of Rights filed.
|
Jul. 24, 2012 |
Agency referral filed.
|
Jul. 24, 2012 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jul. 24, 2012 |
Administrative Complaint filed.
|