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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs DAWN MARIE DILTS, 12-002521PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002521PL Visitors: 3
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: Jul. 04, 2024
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.
Source:  Florida - Division of Administrative Hearings

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