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PAM STEWART, AS COMMISSIONER OF EDUCATION vs AARON DOBYNES, 15-003101PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003101PL Visitors: 3
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: AARON DOBYNES
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: May 29, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 21, 2015.

Latest Update: Jun. 18, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 134-2947 AARON LYNN DOBYNES, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against AARON LYNN DOBYNES. 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 1202174, covering the area of Elementary Education, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at James Stephens International Academy School in the Lee County School District, MATERIAL ALLEGATIONS 3. During the fall semester of 2013, Respondent failed to consider student grades on tests and class assignments and instead arbitrarily assigned report card grades to his class of kindergarten students without regard to their recorded accomplishments. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, AARON LYNN DOBYNES Administrative Complaint Page 2 of 3 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)@), 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. COUNT 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 5: 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. (SIGNATURE ON FOLLOWING PAGE) AARON LYNN DOBYNES 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 res ectfully 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 ot permanently. EXECUTED on this _/77 day of _ Dérembec , 2014, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-003101PL
Issue Date Proceedings
Jul. 21, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 07, 2015 (Petitioner's) Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts/Motion to Compel/Motion for Sanctions filed.
Jun. 05, 2015 Order of Pre-hearing Instructions.
Jun. 05, 2015 Notice of Hearing by Video Teleconference (hearing set for August 3, 2015; 9:30 a.m.; Fort Myers and Tallahassee, FL).
Jun. 05, 2015 Notice of Transfer.
Jun. 03, 2015 Notice of Service of Petitioner's Request for Production to Respondent filed.
Jun. 03, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Jun. 03, 2015 Petitioner's Response to Initial Order filed.
Jun. 01, 2015 Initial Order.
May 29, 2015 Letter to Aaron Dobynes from Gretchen Brantley regarding your case filed.
May 29, 2015 Administrative Complaint filed.
May 29, 2015 Election of Rights filed.
May 29, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 29, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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