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PAM STEWART, AS COMMISSIONER OF EDUCATION vs TAMARIN MAGOVERN, 15-004797PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004797PL Visitors: 31
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: Dec. 24, 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.
Source:  Florida - Division of Administrative Hearings

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