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.
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