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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LEONEL MARRERO, 15-006280PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006280PL Visitors: 4
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LEONEL MARRERO
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 10, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 8, 2016.

Latest Update: Jun. 05, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-2853 LEONEL MARRERO, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LEONEL MARRERO. 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 1612.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 657074, covering the areas of Biology and Gifted, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher at Miami Coral Park Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2013/2014 school year, Respondent made inappropriate comments during class including but not limited to, vulgar phrases in Spanish with sexual connotations. Additionally, Respondent called his students stupid, retards, idiots and shit eaters. 4. During the 2013/2014 school year, Respondent left his class unattended multiple times without proper supervision. On or about December 16, 2013, Respondent took two male students off campus in his personal vehicle, during school hours, without parental permission. LEONEL MARRERO Administrative Complaint Page 2 of 3 5. On or about March 11, 2014, Respondent was suspended from his teaching position with the District for a period of 30 days as a result of his conduct. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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)(j), 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. COUNT 4: 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. (SIGNATURE ON FOLLOWING PAGE) LEONEL MARRERO 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 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. Commissioner of Education State of Florida

Docket for Case No: 15-006280PL
Issue Date Proceedings
Jan. 08, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 07, 2016 Petitioner's Response to Order to Show Cause Dated December 28, 2015 filed.
Jan. 07, 2016 Notice of Scheduling Court Reporter filed.
Dec. 29, 2015 Petitioner's Notice of Filing (Certificate of Non-Appearance) filed.
Dec. 28, 2015 Order to Show Cause.
Dec. 22, 2015 Motion to Compel Discovery filed.
Dec. 22, 2015 Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
Nov. 30, 2015 Order of Pre-hearing Instructions.
Nov. 30, 2015 Notice of Hearing (hearing set for January 11, 2016; 9:00 a.m.; Miami, FL).
Nov. 25, 2015 Order Granting Motion to Withdraw Representation.
Nov. 24, 2015 CASE STATUS: Motion Hearing Held.
Nov. 19, 2015 Notice of Service of Petitioners Request for Admissions to Respondent filed.
Nov. 19, 2015 Notice of Service of Petitioners Request for Production to Respondent filed.
Nov. 19, 2015 Notice of Service of Petitioners First Set of Interrogatories to Respondent filed.
Nov. 19, 2015 Joint Response to Initial Order filed.
Nov. 18, 2015 Petitioners Notice of Filing filed.
Nov. 12, 2015 Initial Order.
Nov. 10, 2015 Administrative Complaint filed.
Nov. 10, 2015 Election of Rights filed.
Nov. 10, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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