Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MARY COOK
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Pensacola, Florida
Filed: May 08, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 22, 2013.
Latest Update: Dec. 23, 2024
' STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 112-1723 |
MARY ALICE COOK,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint
against MARY ALICE COOK. 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 797362, covering the areas of
Emotionally Handicapped and Reading, which is valid through June 30, 2015,
2. At all times pertinent hereto, the Respondent was employed as an Exceptional
Student Education Teacher at W.H. Rhodes Elementary School in the Santa Rosa County School
District.
MATERIAL ALLEGATIONS
3. In November 2011 the Respondent was placed on a Professional Improvement Plan
(PIP) to assist her with improvement in the areas of classroom strategies and behaviors, planning
and preparing, reflection on teaching and collegiality, and professionalism. On the morming of
December 8, 201 1, the Respondent reported to Gulf Breeze Elementary School to “shadow” another
Exceptional Student Education teacher as a part of the strategies being employed to enable her to
successfully complete the Professional Improvement Plan.
MARY ALICE COOK.
Administrative Complaint
Page 2 of 3
4. On December 8, 2011, the Respondent was present on the Gulf Breeze Elementary
School campus while under the influence of alcohol. The teacher being “shadowed” by the
Respondent noticed the distinct odor of alcohol on the Respondent’s breath and observed her
repeatedly drinking a substance from a water bottle which the Respondent brought to the school with
her. Upon receiving this information the school’s Assistant Principal escorted the Respondent to
a local laboratory at approximately 1:30 p.m. where she, submitted to a reasonable suspicion
drug/alcohol test. The results of the test were positive, indicating a blood alcohol level of .167.
5. On or about December 8, 2011, the Respondent possessed a bottle containing alcohol
in a classroom on the campus of Gulf Breeze Elementary School.
6. On or about January 4, 2012, the Respondent was granted a one-time unpaid leave
to complete an approved drug and/or alcohol rehabilitation program as a condition of returning to
work. The Respondent subsequently resigned from her Position ofemployment with the Santa Rosa
County School District.
The Petitioner charges:
TATUTE VIOLATIONS
COUNT 1: 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.
COUNT2: The Respondent is in violation of Section 10 12.795(1)(j), Florida Statutes, in
that Respondent bas 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.
(SIGNATURE ON FOLLOWING PAGE)
MARY ALICE COOK
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons set forth herein and in accotdance 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 4
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 SO day of_Novente 2012.
(bn Lecmarf
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 13-001674PL
Issue Date |
Proceedings |
Jul. 22, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 19, 2013 |
Motion to Close File and for Remand filed.
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Jul. 09, 2013 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by August 1, 2013).
|
Jul. 09, 2013 |
Unopposed Motion to Cancel Hearing and Hold in Abeyance filed.
|
Jul. 08, 2013 |
Order to Show Cause.
|
Jun. 21, 2013 |
Petitioner's Motion to Deem Matters Admitted and for Remand to the Education Practices Commission filed.
|
May 17, 2013 |
Order of Pre-hearing Instructions.
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May 17, 2013 |
Notice of Hearing by Video Teleconference (hearing set for July 18, 2013; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
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May 16, 2013 |
Petitioner's First Request for Production of Documents filed.
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May 16, 2013 |
Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
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May 16, 2013 |
Petitioner's Request for Admissions filed.
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May 16, 2013 |
Petitioner's Response to Initial Order filed.
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May 16, 2013 |
Order Granting Motion to Withdraw as Counsel.
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May 13, 2013 |
Motion to Withdraw as Counsel for Respondent filed.
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May 09, 2013 |
Initial Order.
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May 08, 2013 |
Administrative Complaint filed.
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May 08, 2013 |
Election of Rights filed.
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May 08, 2013 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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May 08, 2013 |
Agency referral filed.
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