Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CAROL FINCH
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Jul. 16, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 9, 2015.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS. CASE NO. 123-2656
CAROL CLARK FINCH,
Respondent,
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against CAROL CLARK FINCH. 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 1074379, covering thé areas
of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid
through June 30, 2017.
2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade
Teacher at Clarcona Elementary School in the Orange County School District.
MATERIAL ALLEGATIONS
3. On or about February 6, 2013, Respondent inappropriately disciplined several
fourth grade students for not paying attention. Respondent instructed. the students to get on their
knees, face the wall, with their heads touching the wall. Respondent made the students maintain
this position for a period of between three and twenty minutes.
CAROL CLARK FINCH
Administrative Complaint
Page 2 of 3
4, On or about December 12, 2014, Respondent inappropriately disciplined seventh
grade male student J.L. The Respondent pushed or shoved J.L. to the ground and locked him
outside the classroom,
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: — 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.
COUNT 4: — The allegations of misconduct 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)
CAROL CLARK FINCH
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 [Qt day of May 2015.
~ LICR
PAM STEWART, as
Commissioner of Education
State of Florida
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App Type Subject | Description | Status | Cert Type App Date Exp Date
hitps://bee.doe.state.fl.us/tes/Evaluation/certappbrowse.asp? Reloading=Y &PassPending=.. 12/48/2013"
Williams, Brittnie
From: Tolbert, Tracey
Sent: Wednesday, July 15, 2015 5:42 PM
To: Education Practices Commission
Subject: 15-0349(Carol Finch): Case filed with EPC (Request for Formal)
Follow Up Flag: Follow up
Flag Status: Completed
A docket entry has been entered on the following case: Case filed with EPC (Request for Formal)
Name: Carol Finch
PPS No: 123-2656
EPC No: 15-0349- (C )
Right Elected: Formal
Docket for Case No: 15-003979PL
Issue Date |
Proceedings |
Sep. 09, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Sep. 09, 2015 |
Unopposed Motion to Close File filed.
|
Jul. 23, 2015 |
Notice of Hearing (hearing set for September 22, 2015; 9:30 a.m.; Orlando, FL).
|
Jul. 23, 2015 |
Order of Pre-hearing Instructions.
|
Jul. 23, 2015 |
Joint Response to Initial Order filed.
|
Jul. 17, 2015 |
Initial Order.
|
Jul. 16, 2015 |
Administrative Complaint filed.
|
Jul. 16, 2015 |
Election of Rights filed.
|
Jul. 16, 2015 |
Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jul. 16, 2015 |
Agency referral filed.
|