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.
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Oct. 26, 2015 |
Initial Order.
|
Oct. 23, 2015 |
Administrative Complaint filed.
|
Oct. 23, 2015 |
Election of Rights filed.
|
Oct. 23, 2015 |
Agency referral filed.
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