Elawyers Elawyers
Washington| Change

PAM STEWART, AS COMMISSIONER OF EDUCATION vs ROBERT WAYNE CARRILLO, 15-003870PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003870PL Visitors: 3
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. EXECUTED on this % odayof_ March, 2018. Lei btcreerf PAM STEWART, as Commissioner of Education State of Florida Sn 2797007 DOE Na vow twigs > fe a st Mid Nane Robert Wayne Cantilo Educ. 5 Aly Heian, Nag OE Alyy] Wino Whielck © Caen Addess GED teat Gh Stee, AAT {Aegation Pett Thefl “125 NE TOR Stel Ap Masi WA An oe 215 Wilder {vestigation VravellDoc: Informal Conlerence a UIT | GentlCounel Commissioner ‘Appeal rn iain * ays. | 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 CertAppBrowse Page | of 1 Surimary Profile Corr Browse Degree Browse Cert/App History Check Sheet Score Report Common Search Home BEC-PASS Manual District ID#:00 EDUCATOR CERTIFICATION BEC Partnership Manual Submit feedback or technical issues to BECTéchHelp ; Cert/App Browse , Current Processing Alerts: | i "No active processing alerts — retin everett hebneene ee en tenrceaetinpan | Type : Subject re Description : Status | Validity Dates ; Issue Date | pment ne clear wn ‘ ‘resend : PRO i 1011-F EDUCATIONAL LEADERSHIP : IS 8/27/2009 | enero Ln internet i 71112041 » 6/30/2016 i 8/27/2009. ' >seaenratenc nner tannin sneha oe sruennnverismstnarina | App Type Subject Description 1 Status ; App Date i Exp Date | ‘mnansanenarennrnmpinnanetniantineltnniintnnthhtinngs nea nininynnnnniinndninrermastiminn erect in tennant ni i DISTADD | 1077-6 8/29/2013 8/2920 ta | a ful U a CS z a ist S .=3 e ba rh. g c= S = cs3 z Q < aol zB Le} \ https://bec-pass. fldoe.org/tes/Evaluation/ certappbrowse.asp?Reloading=Y &PassPending=.... 1/24/2014

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.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer