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PAM STEWART, AS COMMISSIONER OF EDUCATION vs THEODORE BENETIS, 15-006021PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006021PL Visitors: 16
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: THEODORE BENETIS
Judges: J. BRUCE CULPEPPER
Agency: Department of Education
Locations: Tampa, Florida
Filed: Oct. 23, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 4, 2016.

Latest Update: Jan. 18, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 134-3090 THEODORE BEN BENETIS, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against THEODORE BEN BENETIS. 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 843401, covering the area of English, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Pinellas Park High School in the Pinellas County School District, MATERIAL ALLEGATIONS 3. On or about April 7, 2014, Respondent became engaged in a verbal confrontation with S.F., a sixteen year old, male student. During the course of the confrontation, Respondent taunted S.P. by telling him to shut wp and stating to S.F., “What are you going to do about it? Nothing, just as [ thought,” or words to that effect. 4. During the 2013/2014 school year, Respondent used inappropriate language in the classroom including but not limited to; shut up, jackass, hell and damn, THEODORE BEN BENETIS Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section 1012.795(1)Q), 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 | 9™_ day of May , 2015, PAM STEWART, as ~ Commissioner of Education State of Florida

Docket for Case No: 15-006021PL
Issue Date Proceedings
Feb. 04, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 04, 2016 Unopposed Motion to Close File filed.
Dec. 28, 2015 Petitioner's Notice of Service of Response to Respondent's Requests for Discovery filed.
Nov. 30, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 17 and 18, 2016; 10:00 a.m.; Tampa, FL).
Nov. 24, 2015 Unopposed Motion for Continuance filed.
Nov. 12, 2015 Undeliverable envelope returned from the Post Office. Corrected address in CMS and resubmitted the Notice of Hearing on 11/12/15.
Nov. 10, 2015 Respondents First Request for Production of Documents filed.
Nov. 10, 2015 Notice of Service of Respondents First Interrogatories to Petitioner filed.
Nov. 09, 2015 Undeliverable envelope returned from the Post Office.
Nov. 04, 2015 Notice of Transfer.
Nov. 03, 2015 Order of Pre-hearing Instructions.
Nov. 03, 2015 Notice of Hearing (hearing set for December 17 and 18, 2015; 10:00 a.m.; Largo, FL).
Nov. 03, 2015 Petitioner's Response to Initial Order filed.
Oct. 26, 2015 Initial Order.
Oct. 23, 2015 Administrative Complaint filed.
Oct. 23, 2015 Election of Rights filed.
Oct. 23, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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