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PAM STEWART, AS COMMISSIONER OF EDUCATION vs DJUNA ROBINSON, 14-000726PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000726PL Visitors: 10
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: Jun. 01, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Hducation, Petitioner, VS. CASE NO. 096-2994 DJUNA RENA ROBINSON, Respondent. / 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.
Nov. 20, 2014 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 20, 2014 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed in Case No. 14-000726PL).
Nov. 18, 2014 Letter to Miles Madison from Gretchen Brantley regarding your case filed.
Nov. 17, 2014 Notice of Production from Non-party (filed in Case No. 14-000726PL).
Nov. 14, 2014 Notice of Serving Reques to Produce to Petitioner (filed in Case No. 14-000726PL).
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).
Aug. 18, 2014 (Respondent's) Unopposed Motion to Continue Final Hearing (filed in Case No. 14-000726PL).
Jul. 03, 2014 Notice of Transfer.
Jun. 10, 2014 Order Granting Leave to Amend.
Jun. 09, 2014 (Petitioner's) Motion to Amend the Administrative Complaint (filed in Case No. 14-000726PL).
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).
May 20, 2014 Joint Motion to Continue Hearing (filed in Case No. 14-000726PL).
May 20, 2014 Joint Motion to Continue Hearing filed.
Apr. 29, 2014 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Apr. 15, 2014 Respondent, Djuana Robinson's, Response to Request for Admissions filed.
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).
Mar. 24, 2014 Joint Motion to Continue Hearing (filed in Case No. 14-000726PL).
Mar. 24, 2014 Joint Motion to Continue Hearing filed.
Mar. 24, 2014 Order on Motion for Protective Order.
Mar. 24, 2014 Petitioner's Response to Respondents Motion for Protective Order (filed in Case No. 14-000726PL).
Mar. 21, 2014 (Respondent's) Motion for Protective Order (filed in Case No. 14-000726PL).
Mar. 13, 2014 Notice of Service of Petitioner's Request for Admissions to Respondent (filed in Case No. 14-000726PL).
Mar. 13, 2014 Notice of Service of Petitioners Request for Production to Respondent (filed in Case No. 14-000726PL).
Mar. 13, 2014 Notice of Service of Petitioner's First Set of Interogatories to Respondent (filed in Case No. 14-000726PL).
Mar. 13, 2014 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Mar. 13, 2014 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Mar. 13, 2014 Notice of Service of Petitioner's Request for Production to Respondent filed.
Mar. 11, 2014 Order Granting Motion to Withdraw.
Mar. 10, 2014 Motion to Withdraw as Counsel and for Removal from Service List filed.
Mar. 07, 2014 Amended Order of Pre-hearing Instructions.
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).
Mar. 07, 2014 Order of Consolidation (DOAH Case Nos. 14-0725PL and 14-0726PL).
Mar. 04, 2014 Order Approving Substitution of Counsel.
Mar. 04, 2014 Notice of Substitution of Counsel (Mark Wilensky) filed.
Mar. 03, 2014 Letter to Genine Ragin from Richard Patterson regarding Mr. Wilensky representation of Ms. Robinson filed.
Feb. 28, 2014 Order of Pre-hearing Instructions.
Feb. 28, 2014 Notice of Hearing (hearing set for April 16 and 17, 2014; 1:00 p.m.; Fort Lauderdale, FL).
Feb. 24, 2014 Order Approving Substitution of Counsel.
Feb. 21, 2014 Petitioner's Response to Initial Order/Motion to Consolidate filed.
Feb. 21, 2014 Petitioner's Motion to Substitute Counsel filed.
Feb. 21, 2014 Notice of Substitution of Counsel (Charles Whitelock) filed.
Feb. 20, 2014 Letter to Djuana Robinson from Gretchen Brantley informing of case being forwarded to the Division of Administrative Hearings filed.
Feb. 18, 2014 Initial Order.
Feb. 18, 2014 Administrative Complaint filed.
Feb. 18, 2014 Election of Rights filed.
Feb. 18, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 18, 2014 Letter to Djuna Robinson from Gretchen Bratley regarding your case.
Feb. 18, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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