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: Nov. 05, 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.
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Sep. 05, 2013 |
Petitioner's Response to Request for Production filed.
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Sep. 05, 2013 |
Petitioner's Notice of Service of Answers to Respondents Interrogatories filed.
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Sep. 03, 2013 |
Notice of Taking Video Trial Deposition (of B. Camareno) filed.
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Sep. 02, 2013 |
Petitioner's Notice of Deposition (of T. Spriggs) filed.
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Aug. 29, 2013 |
Second Amended Notice of Taking Trial Deposition (of J. Scardino, N. Russ, K. Przepecra, M. Gambrell, and G. Price) filed.
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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.
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Aug. 26, 2013 |
Notice of Taking Deposition (of J. Scardino, N. Russ, K. Przepecra, M. Gambrell, and G. Price) filed.
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Aug. 06, 2013 |
Respondent's First Interrogatories to Respondent filed.
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Aug. 06, 2013 |
Respondent's Request for Production from Petitioner filed.
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Aug. 02, 2013 |
Order of Pre-hearing Instructions.
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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).
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Jul. 26, 2013 |
Petitioner's Request for Production from Respondent filed.
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Jul. 26, 2013 |
Petitioner's Notice of Propounding Interrogatories to Respondent filed.
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Jul. 26, 2013 |
Petitioner's Requests for Admissions to Respondent filed.
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Jul. 25, 2013 |
Joint Response to Initial Order filed.
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Jul. 18, 2013 |
Initial Order.
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Jul. 17, 2013 |
Administrative Complaint filed.
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Jul. 17, 2013 |
Election of Rights filed.
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Jul. 17, 2013 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jul. 17, 2013 |
Agency referral filed.
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