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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MICHELLE WILSON, 15-002734PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002734PL Visitors: 23
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MICHELLE WILSON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: May 18, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 24, 2015.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, WS. CASE NO. 123-3300 MICHELLE CASIE WILSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MICHELLE CASIE WILSON. 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 918760, covering the areas of Elementary Education and Exceptional Student Education, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as an Autism Teacher at Pine Ridge Middle School in the Collier County School District. MATERIAL ALLEGATIONS 3. On or about April 5, 2013, Respondent exhibited strange behavior while on duty. Respondent was observed slumped in a chair and her speech was slurred, Respondent submitted to a “Fit for Duty” examination, the results of which indicated Respondent tested positive for Cannabinoid. 4, On or about June 12, 2013, the Collier County School District (District) terminated Respondent’s employment. MICHELLE CASIE WILSON Adminisirative Complaint Page 2 of 3 5. On or about November 6, 2013, Respondent entered into a Settlement Agreement and General Release with the District, wherein she agreed, in part, to be returned to the classroom, subject to a three year probationary period, and to submit to random drug/alcohol testing during the probationary period. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 effectiveness as an employee of the school board. COUNT 2: The Respondent is in violation of Section 1012.795(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 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. (SIGNATURE ON FOLLOWING PAGE) MICHELLE CASIE WILSON 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 ihe 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 41" day of December _, 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-002734PL
Issue Date Proceedings
Dec. 06, 2016 Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 16-7376PL ESTABLISHED)
Aug. 24, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 21, 2015 (Petitioner's) Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jun. 22, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 9, 2015; 9:30 a.m.; Fort Myers, FL).
Jun. 19, 2015 Joint Motion to Continue Hearing filed.
May 22, 2015 Amended Notice of Hearing (hearing set for July 22 and 23, 2015; 9:00 a.m.; Naples, FL; amended as to location of hearing).
May 21, 2015 Order of Pre-hearing Instructions.
May 21, 2015 Notice of Hearing (hearing set for July 22 and 23, 2015; 9:00 a.m.; Naples, FL).
May 21, 2015 Joint Response to Initial Order filed.
May 21, 2015 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
May 21, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
May 21, 2015 Notice of Service of Petitioner's Request for Production to Respondent filed.
May 20, 2015 Joint Response to Initial Order filed.
May 19, 2015 Initial Order.
May 18, 2015 Letter to Michelle Wilson from Gretchen Brantley regarding your case filed.
May 18, 2015 Administrative Complaint filed.
May 18, 2015 Election of Rights filed.
May 18, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 18, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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