Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DANIEL BRODHEAD
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 31, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 4, 2016.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
_ Commissioner of Education,
Petitioner, i
etitioner, lle- ike PL
vs. CASE NO. 134-0993
DANIEL ARTHUR BRODHEAD,
Respondent,
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against DANIEL ARTHUR BRODHEAD. 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 ]012.795(1) and 1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
L. The Respondent holds Florida Educator’s Certificate 805252, covering the area of
Music, which is valid through June 30, 2016.
2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at
North Miami Elementary School in the Miami-Dade County Schoo! District.
MATERIAL ALLEGATIONS
3. On or about May 1, 2013, Respondent inappropriately disciplined a second grade,
male student, W.B.A., during class by firmly pinching W.B.A.’s face or ear. W.B.A. was upset
and embarrassed by Respondent’s actions.
4, On or about August 7, 2013, as a result of Respondent’s behavior alleged in
paragraph 3 herein, Respondent was suspended without pay for fifteen days by the Miami-Dade
County School District.
DANIEL ARTHUR BRODHEAD
Administrative Complaint
Page 2 of 3
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 schoo! board.
COUNT 2: 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 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 ii violation of Rule 6A-
10.081(3)(2), Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
DANIEL ARTHUR BRODHEAD
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 reconmends 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
fo, 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 —dayof__ Mach 2015.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-001849PL
Issue Date |
Proceedings |
Oct. 13, 2016 |
Petitioner's Motion to Re-Open Case filed. (DOAH CASE NO. 16-5936PL ESTABLISHED)
|
May 04, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 04, 2016 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Apr. 22, 2016 |
Respondent's Notice of Taking Deposition filed.
|
Apr. 08, 2016 |
Order of Pre-hearing Instructions.
|
Apr. 08, 2016 |
Notice of Hearing by Video Teleconference (hearing set for May 17, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
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Mar. 31, 2016 |
Order Reopening File. CASE REOPENED.
|
Mar. 31, 2016 |
Initial Order.
|
Mar. 30, 2016 |
Petitioner's Motion to Reopen Case filed. (FORMERLY DOAH CASE NO. 15-2735PL)
|
May 18, 2015 |
Letter to Daniel Brodhead from Gretchen Brantley regarding your case filed.
|
May 18, 2015 |
Administrative Complaint filed.
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May 18, 2015 |
Election of Rights filed.
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May 18, 2015 |
Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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May 18, 2015 |
Agency referral filed.
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