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PAM STEWART, AS COMMISSIONER OF EDUCATION vs THELEMA LAMAR, 15-004415PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004415PL Visitors: 28
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: THELEMA LAMAR
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Aug. 07, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 6, 2015.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-2814 THELEMA ROCHIDA LAMAR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against THELEMA ROCHIDA LAMAR. 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 892498, covering the areas of Biology and Reading, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at John I Leonard High School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. On or about September 19, 2012, Respondent instructed F.M., a seventeen year old, male student, to reorganize some papers on Respondent’s desk. When F.M. refused to straighten the papers, Respondent instructed him to stand in the doorway to the classroom. When F.M. attempted to sit down, Respondent grabbed him by his shirt and forcibly pushed him in the direction of the door, at one point kicking F.M. in the thigh. In the course of events, Respondent called F.M. an idiot and a dumb-ass or words to that effect. 4. Subsequent to the altercation with F.M., Respondent threatened students in the THELEMA ROCHIDA LAMAR Administrative Complaint Page 2 of 2 class with poor grades should they choose to report the incident. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)G), 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 2: 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 3: 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. 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 (7 day of _Deeember , 2014. Lh Lore PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004415PL
Issue Date Proceedings
Mar. 30, 2016 Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 16-1851PL ESTABLISHED)
Nov. 06, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 05, 2015 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Sep. 17, 2015 Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
Sep. 17, 2015 Respondent's Notice of Service of Answers to Interrogatories filed.
Sep. 17, 2015 Respondent's Responses to Petitioner's First Request for Admissions filed.
Sep. 09, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 2, 2015; 9:00 a.m.; West Palm Beach, FL).
Sep. 02, 2015 Joint Motion to Continue Hearing filed.
Aug. 19, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Aug. 19, 2015 Notice of Service of Petitioner's Request for Production to Respondent filed.
Aug. 19, 2015 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 18, 2015 Order of Pre-hearing Instructions.
Aug. 18, 2015 Notice of Hearing by Video Teleconference (hearing set for September 24, 2015; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Aug. 18, 2015 Notice of Intent to Subpoena Non-party filed.
Aug. 17, 2015 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Aug. 07, 2015 Initial Order.
Aug. 07, 2015 Administrative Complaint filed.
Aug. 07, 2015 Election of Rights filed.
Aug. 07, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Aug. 07, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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