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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ERIN FRASIER BONESTEEL, 13-000135PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000135PL Visitors: 27
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ERIN FRASIER BONESTEEL
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Jan. 10, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 22, 2013.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. ~ CASE NO. 101-3049 ERIN CAROLINE FRASIER BONESTEEL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ERIN CAROLINE FRASIER BONESTEEL. 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 988092, covering the areas of Elementary Education, English, General Science, Social Science, Exceptional Student Education, and Autism Spectrum Disorders, which is valid through June 30, 2015. 2. Atall times pertinent hereto, the Respondent was employed as an Autism Spectrum Disorder Teacher at Lakeside Junior High School in the Clay County School District. MATERIAL ALLEGATIONS 3. During the 2010-2011 school year, the Respondent discussed elements of her personal life with co-workers when students were not present in the classroom, and in the presence - of students. The Respondent discussed her sexual activity, her husband’s drug usage, and interest in pornography. The Respondent’s comments made ber co-workers feel uncomfortable and were inappropriate for the classroom environment when students were present. ERIN CAROLINE FRASIER BONESTEEL Administrative Complaint Page 2 of 3 4. During the 2010-2011 school year, the Respondent made inappropriate comments in the presence of students. Specifically: (a) when male student D.C. engaged in the behavior of thrusting his tongue out rapidly, the Respondent stated “that’s a waste of a man” or words to that effect; and (b) The Respondent commented on the pubic hair of female student T.R. who required assistance in toileting. 5. During the 2010-2011 school year, the Respondent allowed female student G.G. to sit or lay on the Respondent’s lap on several occasions, and did not properly redirect G.G.’s conduct when G.G. engaged in inappropriate attention-seeking behaviors, 6. On or about May 11, 2011, the Clay County School District suspended the Respondent from her position. The Respondent’s employment contract was not renewed and expired on June 9, 2011. 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)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)Q), 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 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)fe), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. ERIN CAROLINE FRASIER BONESTEEL 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 - SOS day of Nove valve _, 2012. Comunissioner of Education State of Florida

Docket for Case No: 13-000135PL
Issue Date Proceedings
Feb. 22, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 22, 2013 Unopposed Motion to Close File filed.
Jan. 22, 2013 Order Granting Motion to Withdraw.
Jan. 18, 2013 Certificate of Service of Discovery filed.
Jan. 18, 2013 Respondent's First Request for Admissions filed.
Jan. 18, 2013 Respondent's First Request for Production filed.
Jan. 18, 2013 Respondent's Notice of Service of First Set of Interrogatories to Petitioner filed.
Jan. 16, 2013 Notice of Appearance (Anthony Demma) filed.
Jan. 16, 2013 Notice of Taking Deposition (of E. Bonesteel) filed.
Jan. 15, 2013 Motion to Withdraw as Counsel filed.
Jan. 15, 2013 Order of Pre-hearing Instructions.
Jan. 15, 2013 Notice of Hearing by Video Teleconference (hearing set for March 4, 2013; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jan. 14, 2013 Joint Response to Initial Order filed.
Jan. 11, 2013 Initial Order.
Jan. 10, 2013 Administrative Complaint filed.
Jan. 10, 2013 Election of Rights filed.
Jan. 10, 2013 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 10, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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