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DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION vs NANETTE GONZALEZ, 13-004388PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-004388PL Visitors: 60
Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: NANETTE GONZALEZ
Judges: MARY LI CREASY
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Nov. 15, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 7, 2014.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, VS. CASE NO. 078-3225 NANETTE GONZALEZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against NANETTE GONZALEZ. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 1012.795, and 1.012.796, Florida Statutes, aid pursuant to Rule 6A-10.08 1, 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 782895, covering the area of Exceptional Student Education, which was valid through June 30, 2010, and applied for certification in the area of Social Science on October 24, 2012. 2. Atall times pertinent hereto, the Respondent was employed as a Teacherat Flamingo Elementary School in the Broward County School District. 3. On or about April 14, 2008, the Respondent engaged in inappropriate and bizarre behavior in ber classroom. Specifically: (a) the Respondent spread paint, glitter, glue and other objects on the classroom floor, walls and furniture and allowed students to do the sare; (b) the Respondent threw furniture, glass items and other objects in the classroom; NANETTE GONZALEZ Administrative Conyplaint Page 2 of 3 (c) the Respondent grabbed male student C.F. and held C.F. down on the floor; (d) when teacher Linda Jackson attempted to remove several students from the situation, the Respondent pulled Ms. Jackson’s hair and twisted Ms. Jackson’s arm. (e) when Assistant Principal Danielle Smith arrived at the Respondent’s classroom the Respondent lunged towards Ms. Smith and scratched Ms, Smith’s face while stating “everyone hates you” or words to that effect. The Respondent pushed Teacher’s Aide Berith Velazquez who tried to intervene; and (£) the Respondent’s actions caused students to be upset and afraid of the Respondent. 4, On or about April 15, 2008, the Broward County School District removed the Respondent from her classroom duties. 5. The Respondent was subsequently found incompetent to teach or to perform duties as an educator due to physical or mental incapacity. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. 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 schoo! board. COUNT3: The Respondentis 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, COUNT 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.08 1(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to leaming and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) NANETTE GONZALEZ 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 sariction 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. fo EXECUTED on this DoS day of “tan ee» 2013. DR. TONY BENNETT as Cominissioner of Education State of Florida

Docket for Case No: 13-004388PL
Issue Date Proceedings
Feb. 07, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 06, 2014 Petitioner's Motion to Relinquish Jurisdiction to the Education Practices Commission and Close File filed.
Feb. 06, 2014 Notice of Transfer.
Feb. 04, 2014 Respondent's Pre-hearing Stipulation filed.
Feb. 04, 2014 Petitioner's Pre-hearing Statement filed.
Jan. 31, 2014 Petitioner's Notice of Serving Response to Respondent's Requests for Discovey filed.
Dec. 05, 2013 Order Granting Continuance and Re-scheduling Hearing by Webcast (hearing set for February 12, 2014; 9:00 a.m.; Fort Lauderdale, FL).
Dec. 05, 2013 Joint Motion for Continuance filed.
Nov. 26, 2013 Order of Pre-hearing Instructions.
Nov. 26, 2013 Notice of Hearing by Video Teleconference (hearing set for December 23, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 22, 2013 Certificate of Service of Discovery filed.
Nov. 22, 2013 Joint Response to Initial Order filed.
Nov. 15, 2013 Initial Order.
Nov. 15, 2013 Administrative Complaint filed.
Nov. 15, 2013 Election of Rights filed.
Nov. 15, 2013 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Nov. 15, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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