Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DJUNA ROBINSON
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Feb. 18, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 20, 2014.
Latest Update: Feb. 08, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. TONY BENNETT, as
Commissioner of Hducation,
Petitioner,
VS. CASE NO. 096-2994
DJUNA RENA ROBINSON,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative
Complaint against DIUNA RENA ROBINSON, The Petitioner seeks the appropriate disciplinary
sanction of the Respondent’s educator’s certificate pursuant to Sectioris 1012.315, 1012.795, and
1012.796, Florida Statutes, and pursuantto Rule 6A~ 10.081, 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 628866, covering the areas of
Journalism and Reading with Endorsements in Reading and English for Speakers of Other
Languages (ESOL), which. is valid through June 30, 2014.
2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher
at Blanche Ely High School in the Broward County School District.
MATERIAL ALLEGATIONS
3. In March 2010, Respondent, the union stewart, circulated a petition seeking the
removal of the school principal. On or about March 10, 2010, 'S.R., teacher, discovered her name:
on the petition and detnanded its removal. Respondent becanie angry at S.R. because of her
insistence to have her name removed.
4, Leslie Rainer (Rainer) is S.Rs team leader and Respondent's cousin. On or about
March 11, 2010, Respondent, accompanied by Rainer, came unannounced into S.R.'s room while
DJUNA. RENA ROBINSON
Administrative Complaint
Page 2 of §
§.R. was conducting her English/ESOL class on the origin of words. At the time of the intrusion,
S.R. was explaining the origin of a word derived from the name of Egypt. Rainer intertupted and
stated, "Egyptians are evil people because they held the children of Israel in slavery." When S.R.
attempted to ignore the commmient and resume the class discussion, Rainer again interrupted S.R.and
stated, "What do you mean? It says the Bible that the Egyptians are evil and how they made slaves
of God's chosen people." S.R. attempted to resume but was again interrupted by Rainer, who stated
that "we" have nothing in common with any ofthe groups mentioned by S.R., adding that God had
separated people for a reason. Despite repeated attempts to ignore Rainer's interruptions and
inappropriate comments, Rainer continued to openly promote herreligious viewpoints, statmg, "The
only lawgiver is Moses because God sent him."
5. S.R. ignored Rainer's comments atid returned. to the subject of cultural
interconnectedness. B.S., a ninth grade student, who is Haitian, inquired why Haiti was so. poor:
Before S.R. could respond, Rainer stated, "Let me answer that since Ms. Rodriguez does not hold
Christian views and bécatse she's an atheist, she would say something different. Pat Robertson has
already told us that becatse Haiti made a pact with the Devil, Haiti is cursed and they are going to
suffer because of the pact they made with the Devil,"or words to that effect, When S.R. attempted
to defuse the impact on the students, many of whom were Haitian, Respondent intertupted to state
that since Pat Robertson, who was an Evangelist, stated that Haiti is cursed, the statement was'true.
6. Another Haitian student, W.P., requésted an explanation from S.R. rather than
Rainer. When S.R. provided the historical events that led to Haiti's impoverishment, Rainer
interrupted.and stated, "That's not true and Ms. Rodriguez-can't see this because she's an atheist.”
Respondent stated, "I have some anointing oil in my room and 1 am going to getit because it seems
as if somebody may need anointing.” S.R., ina humorous hint, advised Respondent that if she caine
back with any oil, she should bring her lettuce and tomato for the salad because that would be the
only usé for oil. Respondent, failing to take the hint, returned with a bottle filled with a substatice,
which Rainer described as "anointing oil," and paraded around the room holding up the bottle,
Rainer then stated “atheists die horrible deaths," or words to that effect, before joining Respondent
and K.M., an. African-American student, in chanting Bible verses,
7. On or about March 22, 2010, S.R. filed a bullying complaint in accordance with the
school district policy.
8 On or about April 12; 2010, following an investigation, by the priticipal, it was
determined that the Respondent's action violated the district's anti-bullying policy.
9. On. or about March 25, 2010, Resporident sent an e-mail to the Core Curriculum
Executive Director alleging. that S.R. was not teaching the required curriculum for Reading,
Respondent claimed that she and Ratner had observed S.R. teaching her students that the Bible is
"falseinformation” and explained and defended why S.R. is.an atheist. Respondent claimed that S.R.
had beén teaching these matters for a length of time and had witnessed a student covering his eats
DJUNA RENA ROBINSON
Administrative Complaint
Page 3 of 5
to avoid listening to S.R, teach about atheism.
10. On or about April 12, 2010, Respondent was notified by the principal that 'S.R.'s
complaint had met the criteria for bullying and harassment and discipline would be imposed. On or
about April 13, 2010, Respondent, aided by Rainer, questioned several students whether S.R. was
discussing atheist principles during class and whether the-principal had a relationship with S.R.
Respondent and Rainer advised students that they did not have to listen to S.R. sthce she was an
atheist.
1k. On orabout April 19, 2010, a second complaint was filed by S.R., alleging a variety
of conduct by Respondent and Rainer.
12. In April 2010, Respondent sent a second email to district administrators.alleging
that'S.R. "teaches there is ho God and teaches atheistanism (si¢)."
13. Following the second. complaint, $.R. was. identified in flyers circulated by
neighborhood. churches, ag an-atheist, who was doused with oil.
14. On or about April 14, 2011, Respondent was issued a written reprimand for the
conduct alleged in S.R.’s March 22 complaint.
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 his 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 6A-
10.081(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonableeffort
to protect the student from conditions harmful to leaming 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 6A~-
10:081(3)(b), Florida Adiministrative Code, in that Respondent has unreasonably restrained. student
from.independent action in pursuit of learning.
DJUNA RENA ROBINSON
Administrative Complaint
Page 4 of S
COUNT §: The allegations of misconduct set forth herein arein violation of Rule 6A-
0.081(3)(c), Florida Administrative Code, in that Respondent has unreasonably denied a.student
acéess to diverse points of view.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A-
0.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student
to: unnecessary embarrassment or disparagement.
COUNT 7: The allegations of misconduct set forth herein are in violation. of Rule 6A-
10,081(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable
precautions to distinguish between personal views and those: of any educational institution or
organization with which the individual is affiliated.
COUNT’8: The allegations of misconduct set forth herein are in violation of Rule 6A-
10,081(4)(b), Flotida Administrative. Code, in that Respondent has intentionally distorted or
mistepresented facts concerning-an educational matter in. direct of indirect publi¢ expression.
COUNT 9: — The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(5)(c), Florida Administrative Code, in that Respondent has denied to a colleague exercise
of political or civil rights and responsibilities,
COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(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.
COUNT II: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally
false statements about a colleague.
(SIGNATURE ON FOLLOWING PAGE)
DJUNA RENA ROBINSON
Administrative Complaint
Page 5 of 5
WHEREFORE, based on the reasons set forth hereity and in. accordance with, the
Explanation of Rights and Election of Rights forms attached to and made, a part of this
Administrative Complaint, Petitiorier respectfully recormmends 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 Respondenit’s authorized scope of practice;
assessing the Respondent an administrative fine; dirécting the Respondent to enroll in the Recovery
Network Program: suspending the Respondent’s educator’s certificate for a petiod of tithe not to
exceed five years; revoking the Respondent’s edueator’s certificate for a period of time up to 10
years or'permanently; determining the Resporident 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 day of Stach, , 2013.
DR. TONY BENNETT as
Commissioner of Education
State of Florida
Docket for Case No: 14-000726PL
Issue Date |
Proceedings |
Nov. 20, 2014 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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Nov. 20, 2014 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
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Nov. 20, 2014 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed in Case No. 14-000726PL).
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Nov. 18, 2014 |
Letter to Miles Madison from Gretchen Brantley regarding your case filed.
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Nov. 17, 2014 |
Notice of Production from Non-party (filed in Case No. 14-000726PL).
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Nov. 14, 2014 |
Notice of Serving Reques to Produce to Petitioner (filed in Case No. 14-000726PL).
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Aug. 22, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Webcast (hearing set for December 17 through 19, 2014; 9:00 a.m.; Fort Lauderdale, FL).
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Aug. 18, 2014 |
(Respondent's) Unopposed Motion to Continue Final Hearing (filed in Case No. 14-000726PL).
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Jul. 03, 2014 |
Notice of Transfer.
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Jun. 10, 2014 |
Order Granting Leave to Amend.
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Jun. 09, 2014 |
(Petitioner's) Motion to Amend the Administrative Complaint (filed in Case No. 14-000726PL).
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May 21, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 16 through 18, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
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May 20, 2014 |
Joint Motion to Continue Hearing (filed in Case No. 14-000726PL).
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May 20, 2014 |
Joint Motion to Continue Hearing filed.
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Apr. 29, 2014 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
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Apr. 15, 2014 |
Respondent, Djuana Robinson's, Response to Request for Admissions filed.
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Mar. 25, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 11 through 13, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
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Mar. 24, 2014 |
Joint Motion to Continue Hearing (filed in Case No. 14-000726PL).
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Mar. 24, 2014 |
Joint Motion to Continue Hearing filed.
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Mar. 24, 2014 |
Order on Motion for Protective Order.
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Mar. 24, 2014 |
Petitioner's Response to Respondents Motion for Protective Order (filed in Case No. 14-000726PL).
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Mar. 21, 2014 |
(Respondent's) Motion for Protective Order (filed in Case No. 14-000726PL).
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Mar. 13, 2014 |
Notice of Service of Petitioner's Request for Admissions to Respondent (filed in Case No. 14-000726PL).
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Mar. 13, 2014 |
Notice of Service of Petitioners Request for Production to Respondent (filed in Case No. 14-000726PL).
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Mar. 13, 2014 |
Notice of Service of Petitioner's First Set of Interogatories to Respondent (filed in Case No. 14-000726PL).
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Mar. 13, 2014 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
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Mar. 13, 2014 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
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Mar. 13, 2014 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
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Mar. 11, 2014 |
Order Granting Motion to Withdraw.
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Mar. 10, 2014 |
Motion to Withdraw as Counsel and for Removal from Service List filed.
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Mar. 07, 2014 |
Amended Order of Pre-hearing Instructions.
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Mar. 07, 2014 |
Amended Notice of Hearing (hearing set for April 15 through 17, 2014; 9:00 a.m.; Fort Lauderdale, FL; amended as to hearing location and consolidation of cases).
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Mar. 07, 2014 |
Order of Consolidation (DOAH Case Nos. 14-0725PL and 14-0726PL).
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Mar. 04, 2014 |
Order Approving Substitution of Counsel.
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Mar. 04, 2014 |
Notice of Substitution of Counsel (Mark Wilensky) filed.
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Mar. 03, 2014 |
Letter to Genine Ragin from Richard Patterson regarding Mr. Wilensky representation of Ms. Robinson filed.
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Feb. 28, 2014 |
Order of Pre-hearing Instructions.
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Feb. 28, 2014 |
Notice of Hearing (hearing set for April 16 and 17, 2014; 1:00 p.m.; Fort Lauderdale, FL).
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Feb. 24, 2014 |
Order Approving Substitution of Counsel.
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Feb. 21, 2014 |
Petitioner's Response to Initial Order/Motion to Consolidate filed.
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Feb. 21, 2014 |
Petitioner's Motion to Substitute Counsel filed.
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Feb. 21, 2014 |
Notice of Substitution of Counsel (Charles Whitelock) filed.
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Feb. 20, 2014 |
Letter to Djuana Robinson from Gretchen Brantley informing of case being forwarded to the Division of Administrative Hearings filed.
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Feb. 18, 2014 |
Initial Order.
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Feb. 18, 2014 |
Administrative Complaint filed.
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Feb. 18, 2014 |
Election of Rights filed.
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Feb. 18, 2014 |
Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Feb. 18, 2014 |
Letter to Djuna Robinson from Gretchen Bratley regarding your case.
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Feb. 18, 2014 |
Agency referral filed.
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