Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ROBERT WAYNE CARRILLO
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 10, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 7, 2016.
Latest Update: Jan. 05, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
ys. CASE NO, 134-2314
ROBERT WAYNE CARRILLO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against ROBERT WAYNE CARRILLO. 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:
FURISDICTION
1. The Respondent holds Florida Educator’s Certificate 791159, covering the areas
of Educational Leadership and Guidance and Counseling, which is valid through June 30, 2016.
2. At all times pertinent hereto, the Respondent was employed as a Trust Counselor
at David Lawrence, Jr. K-8 Center in the Miami-Dade County School District,
MATERIAL ALLEGATIONS
3. Respondent has a history of theft based on the following:
A. On or about June 5, 2000, the Commissioner of Education. found probable
cause to deny Respondent’s application for a Florida Educator's Certificate
based on a 1985 charge of Grand Theft, two 1990 charges of Worthless
Checks and a 1991 Petit Larceny.
ROBERT WAYNE CARRILLO
Administrative Complaint
Page 2 of 3
B. On or about June 2, 2011, the Commissioner of Education found probable
cause to sanction Respondent’s Florida Educator’s Certificate based on a 2007
Grand Theft reduced to Petit Theft and a 2009 Petit Theft.
4, On or about November 8, 2011, Respondent started a two year period of
probation as part of a settlement of the 2011 charges against his educator’s certificate, The terms
of the probation included but were not limited to; Paragraph 6, subsection e., “shall violate no
law and fully comply with all district school board regulations, school rules, and State Board of
Education Rule 6B-1.006.”
5. On or about July 27, 2012, Respondent violated his probation when he removed
merchandise from a retail establishment without paying for it and with the intention of
converting it to his own use in violation of § 812.014 of the Florida Criminal Statutes,
6. On or about April 3, 2013, Respondent attended test administrator/ptoctor training
for administration of the Florida Comprehensive Assessment Test (FCAT),
7. On or about April 25, 2013, Respondent administered the 5" Grade Math portion
of the FCAT to approximately twenty two fifth graders. As students finished their tests, but
before time had. expired, Respondent allowed students to play internet math games in violation of
test rules.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1008.24(1)(f), Florida Statutes,
in. that Respondent knowingly and willfally failed to follow test administration directions
specified in the test administration manuals.
COUNT 2: The Respondent is in violation of Section 1008,24(1)(g), Florida Statutes,
in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any of
the acts prohibited in this section,
COUNT 3; The Respondent is in violation of Section 1012.795(1)(), Florida Statutes,
in that Respondent bas violated the Principles of Professional Conduct for the Education
Profession prescribed by State Board of Education rules.
COUNT 4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes,
in that Respondent has violated an order of the Education Practices Commission.
ROBERT WAYNE CARRILLO
Administrative Complaint
Page 3 of 3
RULE VIOLATIONS
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1), Florida Administrative Code, in that Respondent failed to maintain/administet tests in
a manner to preserve test integrity.
COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 6A-
10,042(1)(f), Florida Administrative Code, in that Respondent has participated in, directed, aided
counseled, assisted in, or en¢ouraged an activity which could result in the inaccurate
measurement or reporting of examinees’ achievement.
COUNT 7: 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.
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 scopé 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.
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STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 134-2314
ROBERT WAYNE CARRILLO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against ROBERT WAYNE CARRILLO. 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 791159, covering the areas
of Educational Leadership and Guidance and Counseling, which is valid through June 30, 2016.
2. At all times pertinent hereto, the Respondent was employed as a Trust Counsélor
at David Lawrence, Jr. K-8 Center in the Miami-Dade County School District,
MATERIAL ALLEGATIONS
3. Respondent has a history of theft based on the following:
A. On or about June 5, 2000, the Corimissioner of Education found probable
cause to deny Respondent’s. application for a Florida Educator’s Certificate
based on a 1985 charge of Grand Theft, two 1990 charges of Worthless
Checks and a 1991 Petit Larceny.
ROBERT WAYNE CARRILLO
Administrative Complaint
Page 2 of 3
B. On or about June 2, 2011, the Commissioner of Education found probable
cause to sanction Respondent’s Florida Educator’s Certificate based on a 2007
Grand Theft reduced to Petit Theft and a 2009 Petit Theft.
4, On or about November 8, 2011, Respondent started a two year period of
probation as part of a settlement of the 2011 charges against his educator’s certificate. The terms
of the probation included but were not limited to; Paragraph 6, subsection e., “shall violate no
law and fully comply with all district school board regulations, school rules, and State Board of
Education Rule 6B-1.006.”
5. On or about July 27, 2012, Respondent violated his probation when he removed
merchandise from a retail establishment without paying for it and with the intention of
converting it to his own use in violation of § 812.014 of the Florida Criminal Statutes,
6. On or about April 3, 2013, Respondent attended test administrator/proctor training
for administration of the Florida Comprehensive Assessment Test (FCAT).
7. On or about April 25, 2013, Respondent administered the 5°” Grade Math portion
of the FCAT to approximately twenty two fifth graders. As students finished their tests, but
before time had expired, Respondent allowed students to play interiet math games in violation of
test rules.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: — The Respondent is in violation of Section 1008.24(1)(P), Florida Statutes,
in that Respondent knowingly and willfully failed to follow test administration directions
specified in the test administration manuals.
COUNT 2: The Respondent is in violation of Section 1008.24(1)(g), Florida Statutes,
in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any of
the acts prohibited in this section,
COUNT 3: 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.
COUNT 4: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, .
in that Respondent has violated an order of the Education Practices Commission,
ROBERT WAYNE CARRILLO
Administrative Complaint
Page 3 of 3
RULE VIOLATIONS
COUNT 5: — The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1), Florida Administrative Code, in that Respondent failed to maintain/administer teste in
a manner to preserve test integrity.
COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1)(), Florida Administrative Code, in that Respondent has participated in, directed, aided
counseled, assisted in, or encouraged an activity which could result in the inaccurate
measurement or reporting of examinees’ achievement.
COUNT 7: 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.
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 recornmends 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 9 dayof_ /Mareh 2015.
Lx btw
PAM STEWART, as
Commissioner of Education
State of Florida
Williams, Brittnie
From: Tolbert, Tracey
Sent: Wednesday, July 08, 2015 1:14 PM
To: Education Practices Commission
Subject: 15-0335(Robert Carrillo): Case filed with EPC (Request for Formal)
A docket entry has been entered on the following case: Case filed with EPC (Request for Formal)
Name: Robert Carrillo
PPS No: 134-2314
EPC No: 15-0335-
Right Elected: Formal
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Docket for Case No: 15-003870PL
Issue Date |
Proceedings |
Mar. 09, 2016 |
Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits numbered 1-30 to Respondent.
|
Mar. 09, 2016 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-22, to Petitioner.
|
Mar. 07, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 07, 2016 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Feb. 25, 2016 |
Joint Prehearing Stipulation filed.
|
Feb. 23, 2016 |
Letter to Judge Boyd from Maria Del Carmen Calzon enclosing Respondent's Proposed Exhibits filed (exhibits not available for viewing).
|
Feb. 22, 2016 |
Respondent's Witness List filed.
|
Feb. 22, 2016 |
Respondent's Notice of Filing Witness List filed.
|
Feb. 22, 2016 |
Respondent's (Proposed) Exhibits filed.
|
Feb. 22, 2016 |
Respondent's Notice of Filing Proposed Exhibits filed.
|
Jan. 27, 2016 |
Order on Pre-hearing Meeting and Stipulation.
|
Jan. 27, 2016 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 10 and 11, 2016; 9:00 a.m.; Miami, FL).
|
Jan. 27, 2016 |
Petitioner's Response to Respondent's Motion for Continuance and Notice of Unavailability filed.
|
Jan. 26, 2016 |
Motion for Continuance and Notice of Unavailability filed.
|
Jan. 26, 2016 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jan. 25, 2016 |
Petitioner's Notice of Filing of Proposed Exhibits filed.
|
Jan. 20, 2016 |
Order Granting in Part and Denying in Part Petitioner`s Amended Request for Judicial Recognition.
|
Jan. 20, 2016 |
Order Granting Motion to Restrict Disclosure or Dissemination of Student Information.
|
Jan. 19, 2016 |
Respondent's Response to Petitioner's Amended Request for Judicial Recognition filed.
|
Jan. 19, 2016 |
Respondent's Response to Petitioner's Motion for a Protectice Order Regarding Student-Identifying Information Disclosure Pursuant to Florida Statutes Seciton 1002.22, filed.
|
Jan. 15, 2016 |
Petitioner's Amended Request for Judicial Recognition filed.
|
Jan. 14, 2016 |
Order Denying Petitioner`s Request for Judicial Recognition.
|
Jan. 13, 2016 |
Petitioner's Motion for a Protective Order Regarding Student-Identifying Information Disclosure Pursuant to Florida Statutes Section 1002.22 filed.
|
Jan. 12, 2016 |
Petitioner's Request for Judicial Recognition filed.
|
Jan. 07, 2016 |
Notice of Taking Depositions (of Barbara Hirshorn, Raquel Calveiro, and Bernard Osbourn) filed.
|
Jan. 04, 2016 |
Notice of Taking Videotaped Depositions (of Raquel Calveiro and Bernard Osbourne) filed.
|
Dec. 22, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 2 and 22, 2016; 9:00 a.m.; Miami, FL).
|
Dec. 18, 2015 |
Amended Respondent's Unopposed Motion for Continuance filed.
|
Dec. 17, 2015 |
Respondent's Unopposed Motion for Continuance filed.
|
Dec. 11, 2015 |
Notice of Taking Videotaped Depositions (of Lisa Reiss, Barbara Hirshorn, Raquel Calveiro, and Bernard OPsbourne) filed.
|
Dec. 03, 2015 |
Notice of Unavailability filed.
|
Dec. 02, 2015 |
Amended Notice of Hearing (hearing set for January 7 and 8, 2016; 9:00 a.m.; Miami, FL; amended as to hearing location and issue).
|
Nov. 20, 2015 |
Petitioner's Response to Respondent's First Request for Production filed.
|
Nov. 09, 2015 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 7 and 8, 2016; 9:00 a.m.; Miami, FL).
|
Nov. 09, 2015 |
Order Granting Motion to Amend Administrative Complaint.
|
Nov. 03, 2015 |
Respondent's Response to Petitioner's Motion to Amend Administrative Complaint and Respondent's Request for Relief filed.
|
Nov. 02, 2015 |
Petitioner's Reply to Respondent's Response to Petitioner's Motion to Amend the Administrative Complaint filed.
|
Oct. 28, 2015 |
Petitioner's Motion to Amend Administrative Complaint filed.
|
Oct. 26, 2015 |
Notice of Service of Respondent's Responses to Petitioner's Interrogatories to Respondent filed.
|
Oct. 26, 2015 |
Notice of Service of Respondent's Responses to Petitioner's Request for Production filed.
|
Oct. 16, 2015 |
Notice of Service of Respondent's Request for Production to Petitioner filed.
|
Oct. 14, 2015 |
Order Denying Petitioner`s Motion to Compel and Denying Respondent`s Motion for Continuance.
|
Oct. 13, 2015 |
Respondent's Response to "Petitioner's Motion to Compel/Motion for Sanctions"and Respondent's Request for Relief filed.
|
Oct. 08, 2015 |
Petitioner's Motion to Compel/Motion for Sanctions filed.
|
Sep. 18, 2015 |
Notice of Substitution of Counsel (Maria Calzon) filed.
|
Aug. 10, 2015 |
Respondent's Notice of Serving Response to Petitioner's Request for Admissions filed.
|
Jul. 30, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 17 and 18, 2015; 9:00 a.m.; Miami, FL).
|
Jul. 30, 2015 |
Joint Motion to Continue Hearing filed.
|
Jul. 15, 2015 |
Order of Pre-hearing Instructions.
|
Jul. 15, 2015 |
Notice of Hearing (hearing set for September 15 and 16, 2015; 9:00 a.m.; Miami, FL).
|
Jul. 14, 2015 |
Joint Response to Initial Order filed.
|
Jul. 14, 2015 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Jul. 14, 2015 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Jul. 14, 2015 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Jul. 10, 2015 |
Initial Order.
|
Jul. 10, 2015 |
Administrative Complaint filed.
|
Jul. 10, 2015 |
Election of Rights filed.
|
Jul. 10, 2015 |
Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jul. 10, 2015 |
Agency referral filed.
|