Elawyers Elawyers
Washington| Change

PAM STEWART, AS COMMISSIONER OF EDUCATION vs CAROL FINCH, 15-003979PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003979PL Visitors: 1
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 CertAppBrowse Page | of 1 Summary 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 Manuat Submit feedback or technical issues to BECTechHelp invari women nsec nen cee ersten cra maa hintaan neem | Cert/App Browse | LookUp: { Current Processing Alerts: (or | See FS ear an ad 2A OAS e699 [nner nk | Name: FINCH, CAR ) he pprscernirionstraitineeeesparesineianieneisanumsnay " Click here to show Birthdate} 984 active processing alerts | ueecretienennonr id ate aioli lanmnamaiun meena] Click here. to show i Description porous neat ELEMENTARY EDUCATION enna ELEMENTARY EDUCATION “ENGLISH FOR SPEAKERS OF OTLER TANQUISEST™ Validity Dates ome 712007 - 6/90/2012 Innosicoetbnetstons EX 72007 - ~ 6730/2012 inna ar raretcrirnmn yeas ESOL) winiemsapprennnimeenenrsun nu ENGLISH FOR SPEAKERS OF OTHER LANGUAGES L -E i (ESOL 1s mrzo%2- “8/80/2047 Applications etiam ama emnstennaeShexetnenesnnnineutn ie cunniseeaoes 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
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