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PAM STEWART, AS COMMISSIONER OF EDUCATION vs FAWN TENENBAUM, 16-001195PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001195PL Visitors: 11
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: FAWN TENENBAUM
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Mar. 02, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 18, 2016.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO. 134-2128 FAWN TENENBAUM, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against FAWN TENENBAUM. 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 708095, covering the areas of English and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Languages Arts Teacher at Crestwood Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2012/2013 school year, Respondent directed inappropriate and disparaging comments toward students. Examples of Respondent’s comments include but are not limited to: A. Telling students that she would staple their lips together or words to that effect; FAWN TENENBAUM Administrative Complaint Page 2 of 3 B. Telling her class that J.N., a male, seventh grade student, resembled a bird; C. Repeatedly telling students to “shut up”; D. Telling her class that D.M. and B.S., two seventh grade, male students, were annoying; and E. Threatening to throw a shoe at a student. 4, Additionally, Respondent used class time to tell students about her personal life including but not limited to details about her recent divorce and ways in which she did or would like to exact revenge on her ex-husband. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)@), 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. (SIGNATURE ON FOLLOWING PAGE) FAWN TENENBAUM 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_ 43% day of Ju ay , 2015. PAM STEWART, as ~ Commissioner of Education State of Florida

Docket for Case No: 16-001195PL
Issue Date Proceedings
May 18, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 17, 2016 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Mar. 24, 2016 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Mar. 22, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 10, 2016; 9:00 a.m.; West Palm Beach, FL).
Mar. 17, 2016 Joint Motion to Continue Hearing filed.
Mar. 14, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Mar. 14, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Mar. 14, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Mar. 09, 2016 Order of Pre-hearing Instructions.
Mar. 09, 2016 Notice of Hearing by Video Teleconference (hearing set for April 15, 2016; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Mar. 09, 2016 Joint Response to Initial Order filed.
Mar. 03, 2016 Initial Order.
Mar. 02, 2016 Administrative Complaint filed.
Mar. 02, 2016 Election of Rights filed.
Mar. 02, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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