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PAM STEWART, AS COMMISSIONER OF EDUCATION vs TORRANCE SMITH, 14-004654PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004654PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TORRANCE SMITH
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Oct. 07, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 28, 2014.

Latest Update: Jan. 08, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 101-2399 TORRANCE CLIFTON SMITH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Par Stewart, as Commissioner of Education, files this Administrative Complaint against TORRANCE CLIFTON SMITH. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant ta Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, Florida Adininistrative 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 806324, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through une 30, 2013, 2. At all times pertinent hereto, the Respondent was employed as a Second Grade Teacher at Larkdale Elementary School in the Broward County School District, MATERIAL ALLEGATIONS a 3. During February 2011, the Respondent hit second grade female student, T.D., in the upper arm. This was reported in the local media. 4, During the 2010-2011 school year, the Respondent inappropriately brushed and slapped two female second grade students, T.T. and T.W., on the buttocks, This was reported in the local media. TORRANCE CLIFTON SMITH Administrative Complaint Page 2 of 3 5, During November 201 1, while the Respondent was away from his assigned work site on personal business, the Respondent directed another district employee to clock in his time card. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: — 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)(2), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 101 2.795(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, 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 io unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5){a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 7: The Respondent is in violation of Rule 6A-10.081(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) TORRANCE CLIFTON SMITH 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 Commussion 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 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 {Q___ day or December 2013, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-004654PL
Issue Date Proceedings
Oct. 28, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 28, 2014 (Petitioner's) Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Oct. 15, 2014 Order of Pre-hearing Instructions.
Oct. 15, 2014 Notice of Hearing (hearing set for November 20 and 21, 2014; 9:00 a.m.; Fort Lauderdale, FL).
Oct. 15, 2014 Notice of Transfer.
Oct. 13, 2014 Joint Response to Initial Order filed.
Oct. 08, 2014 Initial Order.
Oct. 07, 2014 Letter to Torrance Smith from Gretchen Brantley regarding your case.
Oct. 07, 2014 Administrative Complaint filed.
Oct. 07, 2014 Election of Rights filed.
Oct. 07, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 07, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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