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PAM STEWART, AS COMMISSIONER OF EDUCATION vs POROLLE SIMM, 16-004352PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004352PL Visitors: 18
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: POROLLE SIMM
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Port St. Lucie, Florida
Filed: Jul. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 5, 2016.

Latest Update: Jun. 07, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-1416 POROLLE VALDES SIMM, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against POROLLE VALDES SIMM. 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 985865, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Reading and World Language — Spanish, which is valid through June 30, 2015, 2. At all times pertinent hereto, the Respondent was employed as a World Language Teacher at Martin County High School in the Martin County School District. MATERIAL ALLEGATIONS 3. During the 2012-2013 school year, the Respondent had inappropriate conversations in her classroom and used inappropriate language in the classroom. The Respondent’s inappropriate conduct included but was not limited to the following: (a) the Respondent used curse words in class; POROLLE VALDES SIMM Administrative Complaint Page 2 of 3 (b) the Respondent told inappropriate and embarrassing stories involving students to her class; (c) the Respondent taught students swear words in Spanish; and (d} the Respondent wasted student’s instructional time when she engaged in inappropriate discussions having nothing to do with the curriculum, 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)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 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) POROLLE VALDES SIMM 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 sanc pursuant to the authority provided in Sec tion against the Respondent’s educator’s certificate ions 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 fo authorized scope of practice; assessing t x any period of time; restricting the Respondent’s e 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 t he Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. : 3 EXECUTED on this 2.2." day of June , 2015. Lo Ltcearf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-004352PL
Issue Date Proceedings
Oct. 05, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 05, 2016 Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Sep. 13, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 2 and 6, 2016; 9:00 a.m.; Port St. Lucie, FL).
Sep. 13, 2016 Second Amended Joint Motion to Continue Hearing filed.
Sep. 12, 2016 Amended Joint Motion to Continue Hearing filed.
Sep. 12, 2016 Joint Motion to Continue Hearing filed.
Sep. 07, 2016 Order Granting Motion to Amend Administrative Complaint
Sep. 07, 2016 Petitioner's Motion to Amend Administrative Complaint filed.
Sep. 01, 2016 Respondent's Notice of Service of Answers to Interrogatories filed.
Sep. 01, 2016 Respondent's Responses to Petitioner's First Request for Admissions filed.
Aug. 16, 2016 Notice of Service of Interrogatories and Request for Production 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 First Set of Interrogatories to Respondent filed.
Aug. 03, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Aug. 03, 2016 Order of Pre-hearing Instructions.
Aug. 03, 2016 Notice of Hearing (hearing set for September 27 and 28, 2016; 9:00 a.m.; Stuart, FL).
Aug. 02, 2016 Joint Response to Initial Order filed.
Jul. 29, 2016 Initial Order.
Jul. 29, 2016 Administrative Complaint filed.
Jul. 29, 2016 Notice of Appearance (Carol Buxton).
Jul. 29, 2016 Election of Rights filed.
Jul. 29, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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