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PAM STEWART, AS COMMISSIONER OF EDUCATION vs PATRICIA IRMA SHIELDS, 14-004043PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004043PL Visitors: 33
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: PATRICIA IRMA SHIELDS
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Gainesville, Florida
Filed: Aug. 26, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 8, 2014.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-2774 PATRICIA IRMA SHIELDS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissionerof Education, files this Administrative Complaint against PATRICIA IRMA SHIELDS. 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 101 2.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator's Certificate 1164536, covering the area of Exceptional Student Education, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Education Teacher at Nature Coast Middle School in the Levy County School District, MATERIAL ALLEGATIONS 3, At all times material hereto, Respondent was a licensed teacher in the State of Ohio, 4, On or about January 26, 2011, while teaching middle school at the Springfield Preparatory and Fitness Academy, in Springfield, Ohio, Respondent engaged in the following behavior: a) Respondent pulled the chair out from under a student when he failed to follow her directives; PATRICIA IRMA SHIBLDS Administrative Complaint Page 2 of 3 b) Respondent used obscene language, engaged in name calling, and made threats aimed at the same student in the presence of other students and adulis; c) Respondent threw the same student’s binder into the hallway and proceeded to kick the binder down the haliway; d) Respondent left her classroom unsupervised; and ¢) Respondent disrupted another classroom when she requested that the teacher remove the student from her class, 5. On or about January 31, 201 1, Respondent’s employment with Springfield Preparatory and Fitness Academy was terminated as a result of the aforementioned conduct. 6. On or about February 12, 2013, the Ohio State Board of Education found that Respondent’s aforementioned conduct is “conduct unbecoming of an. educator” and adopted a Resolution revoking Respondent’s five-year professional education of the handicapped teaching license and permanently barring Respondent from applying for any license issued by the Ohio State Board of Education. 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 012.795(1)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, suspension, or surrender in another state. COUNT 3: The Respondent is in violation of Section 012.795(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 4: The Respondent is in violation of Section 012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. PATRICIA IRMA SHIELDS Administrative Complaint Page 3 of 3 RULE VIOLATIONS COUNT 5: 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 6: 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. 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 Comunission 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 sancti ons 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 \® day of December , 2013. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-004043PL
Issue Date Proceedings
Dec. 07, 2015 Notice of Appearance (Mark Herdman) filed.
Nov. 18, 2015 Petitioners Motion to Re-open Case filed. (DOAH CASE NO. 15-6483PL ESTABLISHED)
Oct. 08, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 08, 2014 (Petitioner's) Unopposed Motion to Close File filed.
Oct. 06, 2014 Notice of Taking Deposition (of Patricia Shields) filed.
Sep. 05, 2014 Order of Pre-hearing Instructions.
Sep. 05, 2014 Notice of Hearing by Video Teleconference (hearing set for November 5, 2014; 9:30 a.m.; Gainesville and Tallahassee, FL).
Sep. 05, 2014 Petitioner's Response to Initial Order filed.
Aug. 27, 2014 Initial Order.
Aug. 26, 2014 Letter to Patricia Shields from Gretchen Brantley regarding your case filed.
Aug. 26, 2014 Administrative Complaint filed.
Aug. 26, 2014 Election of Rights filed.
Aug. 26, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Aug. 26, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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