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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MARIA GONZALEZ, 16-004145PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004145PL Visitors: 4
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MARIA GONZALEZ
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 22, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 25, 2016.

Latest Update: May 12, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO, 123-2480 MARIA ALMUDENA GONZALEZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MARIA ALMUDENA GONZALEZ. 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 L. The Respondent holds Florida Educator’s Certificate 757393, covering the areas of Elementary Education, English and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Sixth Grade Language Arts Teacher at Glades Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During December 2012, the Respondent acted inappropriately when she took Glades Middle School’s new computer without authorization and with the intent to convert it to her own use. The Respondent had middle school students from her class help her load the computer into her car. MARIA ALMUDENA GONZALEZ Administrative Complaint Page 2 of 3 4, On or about April 4, 2013, the Respondent was notified via certified mail that a case in Professional Practices Services was opened regarding Respondent's alleged inappropriate conduct. 5. On or about May 13, 2013, the Respondent submitted a renewal application for a Florida educator’s certificate to the Florida Department of Education. The application under the heading “Professional License or Certificate Sanction(s),” included the question: “Do you have a current investigative action pending in this state or any other state gainst a professional license or certificate or against an application for a professional license or certificate?” In her sworn statement, the Respondent answered “no” to that question and did not acknowledge the investigative action pending in Florida. 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}(), Florida Statutes, in that Respondent has violated the Principies 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- 10.08 1(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNTS: The Respondent is in violation of Rule 6A-10.081(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) MARIA ALMUDENA GONZALEZ 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 ]Q** day of April 2015. Adu Ltern PAM STEWART, as Commissioner of Education — State of Florida

Docket for Case No: 16-004145PL
Issue Date Proceedings
Aug. 25, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 24, 2016 Joint Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
Aug. 04, 2016 Undeliverable envelope returned from the Post Office.
Aug. 03, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 03, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Aug. 03, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Aug. 02, 2016 Order of Pre-hearing Instructions.
Aug. 02, 2016 Notice of Hearing by Video Teleconference (hearing set for September 22, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
Jul. 25, 2016 Initial Order.
Jul. 22, 2016 Administrative Complaint filed.
Jul. 22, 2016 Notice of Appearance (R. Baron).
Jul. 22, 2016 Election of Rights filed.
Jul. 22, 2016 Agency Referral filed.
Source:  Florida - Division of Administrative Hearings

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