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PAM STEWART, AS COMMISSIONER OF EDUCATION vs AMY MASON, 13-002403PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002403PL Visitors: 24
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: AMY MASON
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Vero Beach, Florida
Filed: Jun. 26, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 11, 2013.

Latest Update: May 16, 2024
STATE OF FLORIDA SDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2857 AMY ELIZABETH MASON, Respondent. / ADMINISTRATIVE COMPLAINT . Petitioner, Pam Stewart, as Comunissioner of Education, files this Administrative Complaint against AMY ELIZABETH MASON. 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 1116714, covering the area of Social Science, which is valid through June 30, 2013. . 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Fort Pierce Westwood High School in the St. Lucie County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, Respondent, believed student J. W. was spreading rumors about Respondent’s daughter. One day, Respondent took J.W. outside of Respondent’s classroom and confronted J.W., using the following inappropriate language: “Do you really not think I’ve been hearing the shit you’ve been saying about my daughter?” or words to that effect; “Don’t give me that shit” or words to that effect; and. AMY ELIZABETH MASON Administrative Complaint Page 2 of 3 “You had better go fucking apologize” or words to that effect. 4, After J.W. denied spreading the rumors about Respondent’s daughtér, Respondent proceeded to force J.W. to apologize to Respondent’s daughter in front of a group of students. 5. During the 2011-2012 school year, Respondent told several students that they would have to choose to be J.W.’s friend or Respondent’s friend. 6. During the 2011-2012 school year, Respondent told several students that Respondent was making J.W.’s life a “living hell” or words to that effect. 7. During the 2011-2012 school year, inthe presence of student(s), Respondent referred to J.W. as.an “asshole,” a “scumbag,” a “little fucker,” or words to that effect. 8. Student J.W. did not attend the end-of- the-year class trip because he was aftaid he . might be harassed by Respondent. : The Petitioner charges: STATUTE VIOLATIONS COUNT I: — 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)(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 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 © 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. COUNT 5: ‘The allegations of misconduct set forth herein are in violation of Rule 6B- .006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. AMY ELIZABETH MASON Administrative Complaint Page 3 of 3 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. ’ 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 timé 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 \ ya _ day of Aenuary ; 2013. Lp, dears PAM STEWART, as Commissioner of Education State of Florida ~

Docket for Case No: 13-002403PL
Source:  Florida - Division of Administrative Hearings

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