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PAM STEWART, AS COMMISSIONER OF EDUCATION vs DENISE GILL, 15-001556PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001556PL Visitors: 193
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DENISE GILL
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Mar. 19, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 1, 2015.

Latest Update: Jan. 03, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-1574 DENISE GRUPPE GILL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DENISE GRUPPE GILL. 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 Adminisirative 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 386743, covering the areas of Early Childhood Education, Elementary Education and Reading, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Ruth N. Upson Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about April 18, 2013, two fourth grade students reported to Respondent that there were two students involved in a physical fight in one of the school’s restrooms. Respondent told the reporting students that the fight was “not my problem,” or words to that effect. Respondent failed to take any action to stop the fight. 4. On, or about April 19, 2013, two fourth grade students reported to Respondent that they were being bullied by another student. Respondent failed to take any action whatsoever to DENISE GRUPPE GILL Administrative Complaint Page 2 of 3 assist the reporting students. Instead, Respondent told the bullied students to “get help from an older student,” or words to that effect. When the students reported the bullying a second time, Respondent told them that “the only thing that was important at the moment was finding [Respondent’s] lost cell phone,” or words to that effect. 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)q), 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 leamming and/or to the student’s mental health and/or physical health and/or safety, COUNT 4: The allegations of misoonduct 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) DENISE GRUPPE GILL 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 218* aay of Maw 2014. Ly Loeenrs PAM STEWART, as Commissioner of Education State of Florida EDUCATION PRACTICES COMMISSION STATE OF FLORIDA GRETCHEN KELLEY BRANTLEY MARK STRAUSS Executive Director Chairperson LEE ANN GUSTAFSON DAVID THOMPSON Counsel Co-Chairperson March 19, 2015 Denise Gill 4638 Martingale Road Jacksonville, Florida 32210 RE: Pam Stewart, as Commissioner of Education vs. Denise Gill DOE #386743 EPC Case # 15-0125-RT (reference all correspondence with this number) Dear Ms. Gill: On March 13, 2015, the Department of Education (DOE) filed your case with us, the Education Practices Commission (EPC) to review and take appropriate action based upon the Election of Rights you submitted. As you requested, we are forwarding your case to the Division of Administrative Hearings (DOAH) for a formal hearing. DOAH will notify you as to the date, time and location of your formal hearing. It is important that you review and timely respond to ail documents you receive and comply with all deadlines assigned, so that you have the opportunity to dispute any of the facts alleged. If you are Pro Se, DOAH’s website has an entire section on representing yourself. Once DOAH hears your case, the Administrative Law Judge will submit a Recommended Order back to us, the EPC, to take final agency action. We will schedule your case for a final hearing. We will notify you as to the date, time and location of your final hearing. All address changes after filing the Election of Rights, must be filed in writing with us, the EPC. It is your responsibility to make sure your address is up-to-date and you check your mail. Our office will move your case forward with or without your participation. If you have any questions, we can be reached at (850) 245-0455. Sincerely, p. - oy Gretchen Kelley Brantley, as Clerk of EPC Ce: Ron Weaver, Esquire Duval County Schools Office of Professional Practices Services Counsel for Professional Practices Services Bureau of Educator Certification 325 W. Gaines Street 316 Turlington Building Tallahassee, FL 32399-0400 (850) 245-0455

Docket for Case No: 15-001556PL
Source:  Florida - Division of Administrative Hearings

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