Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TAMARIN MAGOVERN
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Sebring, Florida
Filed: Aug. 27, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 15, 2015.
Latest Update: Aug. 29, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 145-0036
TAMARIN A. MAGOVERN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against TAMARIN A. MAGOVERN. 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 763506, covering the area of
Exceptional Student Education, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as a ESE Resource
Teacher at Lake Country Elementary School in the Highlands County School District.
MATERIAL ALLEGATIONS
3. On or about February 26, 2014, Respondent was under the influence of alcohol
while in the classroom. Respondent’s assistant principal smelled a strong odor of alcohol
coming from Respondent’s person while Respondent was working with students. Respondent’s
principal requested a reasonable suspicion test the results of which were positive for alcohol.
4, On or about April 14, 2014, Respondent was again under the influence of alcohol
while in the classroom. Respondent’s assistant principal smelled a strong odor of alcohol
TAMARIN A. MAGOVERN
Administrative Complaint
Page 2 of 3
coming from Respondent’s person while students were present. Respondent’s principal
requested a reasonable suspicion test the results of which were positive for alcohol.
5. On or about May 6, 2014, Respondent’s superintendent recommended that she be
terminated from her teaching position with the District as a result of her positive test results,
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)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 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.
(SIGNATURE ON FOLLOWING PAGE)
TAMARIN A. MAGOVERN
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
Comunission 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 Resporident’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 [QO — day of April , 2015.
PAM STEWART. as
Commissioner of Education
State of Florida
Docket for Case No: 15-004797PL
Issue Date |
Proceedings |
Mar. 14, 2016 |
Undeliverable envelope returned from the Post Office.
|
Oct. 15, 2015 |
CASE STATUS: Motion Hearing Held. |
Oct. 15, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 12, 2015 |
Case Status Report filed.
|
Oct. 12, 2015 |
Notice of Telephonic Pre-hearing Conference (set for October 15, 2015; 10:00 a.m.).
|
Oct. 12, 2015 |
Petitioner's First Request for Admissions to Respondent filed.
|
Oct. 12, 2015 |
Petitioner's Motion to Deem Facts Admitted and Relinquish Jursdiction to the Education Practices Commission and Request to Schedule Case Status/Motion Hearing filed.
|
Sep. 28, 2015 |
Petitioner's (Proposed) Exhibit List filed.
|
Sep. 28, 2015 |
Petitioner's Witness List filed.
|
Sep. 09, 2015 |
Certificate of Service of Discovery filed.
|
Sep. 01, 2015 |
Order of Pre-hearing Instructions.
|
Sep. 01, 2015 |
Notice of Hearing (hearing set for October 20, 2015; 9:30 a.m.; Sebring, FL).
|
Aug. 31, 2015 |
Joint Response to Initial Order filed.
|
Aug. 27, 2015 |
Initial Order.
|
Aug. 27, 2015 |
Administrative Complaint filed.
|
Aug. 27, 2015 |
Election of Rights filed.
|
Aug. 27, 2015 |
Agency referral filed.
|