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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MALLORY DAVIS, 13-002611PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002611PL Visitors: 11
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MALLORY DAVIS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Tampa, Florida
Filed: Jul. 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 26, 2013.

Latest Update: Jun. 20, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 112-2042 MALLORY DAVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MALLORY DAVIS. 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 1129162, covering the area of Blementary Education, which is valid through June 30, 2016. 2. Atall times pertinent hereto, the Respondent was employed as a First Grade Teacher at Sulphur Springs Elementary School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3, On or about December 23, 2011, in Hillsborough County, Florida, Respondent was involved in an argument with staff at a night club. Respondent had to be forcefully ejected by the staff and, as she reached the door, Respondent turned around and swung her purse, striking the victim in the upper body. While being arrested, Respondent struggled and resisted efforts to be handcuffed to the point where she had to be pepper sprayed. Respondent was charged with Obstructing or Opposing an Officer Without Violence and Disorderly Conduct. MALLORY DAVIS Administrative Complaint Page 2 of 2 4, On or about February 9, 2012, as a result of the December 23, 2011 incident, Respondent entered into a Misdemeanor Intervention Program, 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. 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 ora 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 Bor day of Won entre, 2012. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 13-002611PL
Issue Date Proceedings
Sep. 26, 2013 Order Closing File. CASE CLOSED.
Sep. 26, 2013 Status Report filed.
Sep. 12, 2013 Order Granting Continuance (parties to advise status by September 27, 2013).
Sep. 12, 2013 Petitioner's Motion to Continue filed.
Sep. 05, 2013 Petitioner's Response to Request for Production filed.
Sep. 05, 2013 Petitioner's Notice of Service of Answers to Respondents Interrogatories filed.
Sep. 03, 2013 Notice of Taking Video Trial Deposition (of B. Camareno) filed.
Sep. 02, 2013 Petitioner's Notice of Deposition (of T. Spriggs) filed.
Aug. 29, 2013 Second Amended Notice of Taking Trial Deposition (of J. Scardino, N. Russ, K. Przepecra, M. Gambrell, and G. Price) filed.
Aug. 26, 2013 Amended Notice of Taking Trial Deposition (of J. Scardino, N. Russ, K. Przepecra, M. Gambrell, and G. Price) filed.
Aug. 26, 2013 Respondent's Response to Petitioner's Request for Admissions filed.
Aug. 26, 2013 Notice of Taking Deposition (of J. Scardino, N. Russ, K. Przepecra, M. Gambrell, and G. Price) filed.
Aug. 06, 2013 Respondent's First Interrogatories to Respondent filed.
Aug. 06, 2013 Respondent's Request for Production from Petitioner filed.
Aug. 02, 2013 Order of Pre-hearing Instructions.
Aug. 02, 2013 Notice of Hearing by Video Teleconference (hearing set for September 23 and 24, 2013; 9:00 a.m.; Tampa and Tallahassee, FL).
Jul. 26, 2013 Petitioner's Request for Production from Respondent filed.
Jul. 26, 2013 Petitioner's Notice of Propounding Interrogatories to Respondent filed.
Jul. 26, 2013 Petitioner's Requests for Admissions to Respondent filed.
Jul. 25, 2013 Joint Response to Initial Order filed.
Jul. 18, 2013 Initial Order.
Jul. 17, 2013 Administrative Complaint filed.
Jul. 17, 2013 Election of Rights filed.
Jul. 17, 2013 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jul. 17, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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