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PAM STEWART, AS COMMISSIONER OF EDUCATION vs AMY DESCHWEINITZ, 14-003089PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-003089PL Visitors: 76
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: AMY DESCHWEINITZ
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Brooksville, Florida
Filed: Jul. 01, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 3, 2014.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2713 AMY ELIZABETH DESCHWEINITZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against AMY ELIZABETH DESCHWEINITZ. 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 L. The Respondent holds Florida Educator’s Certificate 911233, covering the areas of English and Family and Consumer Science, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Family and Consumer Science Teacher at Weeki Wachee High School in the Hernando County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, Respondent engaged in conversations of a sexual nature with 16-year-old female students J.G. and T.C. and 17-year-old female student S.F. Respondent discussed sexual fantasies and sexual positions with these students, and offered to buy JG. sexual lubricant. 4. During the 2011-2012 school year, Respondent engaged in inappropriate conduct with, and made inappropriate comments to, 18-year-old student J.M. While attempting to show JM. a cell phone-picture of Respondent’s boyfriend, J.M. saw a topless picture of Respondent. On AMY ELIZABETH DESCHWEINITZ Administrative Complaint Page 2 of 3 another occassion, J.M. asked other students if he could borrow a pair of shorts to run in. Respondent offered to take her shorts off and give them to J.M. Later that same day, Respondent instructed J.M. to pull his pants up or she would pull her shorts down and show J.M. Respondent’s tattoo. 5. As a result of the conduct alleged herein, the Hernando County School District issued Respondent a letter of reprimand, suspended Respondent for 10 days without pay and prohibited Respondent from coaching in a paid or volunteer position for a period of five years. 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)(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. COUNT3: The Respondent is in violation of Section 1012.795(1)(), 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 4: 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 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) AMY ELIZABETH DESCHWEINITZ 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 ¢ Commission impose an appropriate sanction against the Respondent’s educa he Education Practices tor’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 no combination of the following: issuing the Respondent a written reprimand; limited to, any one ora 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 o 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 years or permanently; determining the Respondent to be ineligible for cert period of time up to 10 tification; 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 IS day of \ e.ce tmleel” ,2013. PAM STEWART, as Conimissioner of Edu State of Florida ication

Docket for Case No: 14-003089PL
Issue Date Proceedings
Oct. 03, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 02, 2014 (Petitioner's) Unopposed Motion to Close File filed.
Sep. 25, 2014 Notice of Taking Deposition (Deschweinitz) filed.
Aug. 11, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 8, 2014; 9:30 a.m.; Brooksville, FL).
Aug. 06, 2014 (Respondent's) Motion to Continue and Reschedule Final Hearing filed.
Aug. 05, 2014 Notice of Transfer.
Jul. 09, 2014 Order of Pre-hearing Instructions.
Jul. 09, 2014 Notice of Hearing (hearing set for August 27, 2014; 9:30 a.m.; Brooksville, FL).
Jul. 07, 2014 Joint Response to Initial Order filed.
Jul. 01, 2014 Letter to Amy Deschweinitz from Gretchen Brantley regarding request for hearing filed.
Jul. 01, 2014 Administrative Complaint filed.
Jul. 01, 2014 Election of Rights filed.
Jul. 01, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jul. 01, 2014 Agency referral filed.
Jul. 01, 2014 Initial Order.
Source:  Florida - Division of Administrative Hearings

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