Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LILLIAN GOMEZ
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: May 07, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 9, 2014.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS. CASE NO. 112-1819
LILIAN GOMEZ,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint
against LILIAN GOMEZ. 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 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 880460, covering the areas of
Elementary Education, English for Speakers of Other Languages (ESOL) and Exceptional Student
Education, which is valid through June 30, 2015.
2. At all times pertinent hereto, the Respondent was employed as an Exceptional
Student Education Teacher at Sunrise Elementary School in the Osceola Courity School District.
MATERIAL ALLEGATIONS
3. During October 2011, the Respondent, made inappropriate attempts to modify a
five-year-old non-verbal student, J_A., on the autism spectrum disorder from eating crayons and
Play-Doh. J.A. had a propensity to put inedible objects in his mouth. The Respondent poured
Louisiana Hot Sauce over crayons and directed her paraprofessional to place the crayons'ina plastic
ziplock bag with J_A.’s initials on them. At approximately the same time, the Respondent massaged
Louisiana Hot Sauce into Play-Doh and directed her paraprofessional to place the Play-Doh ina
plastic ziplock bag with J.A.’s initials on them.
LILIAN GOMEZ
Administrative Complaint
Page 2 of 3
4, On or about November 15, 2012, the Respondent was terminated from employment
with the School Board of Osceola County.
5. The conduct alleged herein was reported in the local media.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: 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 school board.
COUNT 2: — The Respondent is in violation of Section 1012.795(1)G), Florida Statutes, in
that Respondent has 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 reasonable effort
to protect the student from conditions harmful to learning 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-
10.0813), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
LILIAN GOMEZ
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 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 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,
EXECUTED on this (S —_ day of enuces, 2014.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 14-002071PL
Issue Date |
Proceedings |
Jul. 09, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 09, 2014 |
(Petitioner's) Unopposed Motion to Close File filed.
|
Jun. 10, 2014 |
(Petitioner's) Certificate of Service of Discovery filed.
|
May 19, 2014 |
Notice of Hearing (hearing set for July 22, 2014; 9:00 a.m.; Kissimmee, FL).
|
May 19, 2014 |
Order of Pre-hearing Instructions.
|
May 15, 2014 |
Notice of Transfer.
|
May 15, 2014 |
Joint Response to Initial Order filed.
|
May 07, 2014 |
Initial Order.
|
May 07, 2014 |
Letter to Lillian Gomez from Gretchen Brantley regarding request for hearing filed.
|
May 07, 2014 |
Administrative Complaint filed.
|
May 07, 2014 |
Election of Rights filed.
|
May 07, 2014 |
Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
May 07, 2014 |
Agency referral filed.
|