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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ROBIN CLOUSE, 16-004597PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004597PL Visitors: 11
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ROBIN CLOUSE
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Aug. 15, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 17, 2016.

Latest Update: Nov. 18, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-2963 ROBIN LYNN CLOUSE, Respondent. / ADMINISTRATIVE COMPLAINT ; Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ROBIN LYNN CLOUSE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator's certificate pursuant to sections 1012.315, 1012.795, and 1612.796, 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 454993, covering the areas of Early Childhood Education, Elementary Education and Social Science, which is valid through June 30, 2019. 2, At all times pertinent hereto, the Respondent was employed as a World History Teacher at Mainland High School in the Volusia County School District. MATERIAL ALLEGATIONS 4 3. During the 2012/2013 and 2013/2014 school years, Respondent made inappropriate and/or disparaging comments directed at or in reference to students. Respondent's comments included but were not limited to: a) On or about October 2, 2012, while administering the ACT Plan test, Respondent calied the class, “a bunch of 19 year old sophomores,” or words to that effect. ROBIN LYNN CLOUSE Administrative Complaint Page 2 of 3 b) On or about November 5, 2013, Respondent became agitated while working with students in the school’s media center and stated, “These fucking students! This fucking school!” or words to that effect. c) Respondent used profanity in the classroom. d) Respondent yelled at students while bringing her face up close to the students’ faces, e) On or about March 17, 2014, after becoming aware that students had reported her conduct, Respondent yelled in the hallway, in the direction of students, “You're a liar!” or words to that effect. 4, Upon being informed of an investigation opened regarding her conduct, Respondent attempted to intimidate student and teacher witnesses by calling them names and directing sarcastic comments towards them. On or about March 17, 2014, Respondent interrupted student testing and distracted students from their tests by twice entering the testing room and directing loud, sarcastic remarks toward another teacher on the other side of the room. 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 school 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 in violation of Rule 6A- 10.081G)¢e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) ROBIN LYNN CLOUSE 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 6 — dayor November _. 2015. PAM STEWART, as Comunissioner of Education State of Florida

Docket for Case No: 16-004597PL
Issue Date Proceedings
Nov. 17, 2016 Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
Nov. 17, 2016 Unopposed Motion to Close File filed.
Oct. 03, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 5, 2016; 9:30 a.m.; Daytona Beach and Tallahassee, FL; amended as to ).
Sep. 29, 2016 Motion to Continue and Reschedule Final Hearing filed.
Aug. 23, 2016 Order of Pre-hearing Instructions.
Aug. 23, 2016 Notice of Hearing by Video Teleconference (hearing set for October 21, 2016; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Aug. 19, 2016 Respondent's Notice of Discovery Requests to Petitioner filed.
Aug. 18, 2016 Notice of Appearance (Brandon Vacari) filed.
Aug. 18, 2016 Joint Response to Initial Order filed.
Aug. 16, 2016 Initial Order.
Aug. 15, 2016 Administrative Complaint filed.
Aug. 15, 2016 Election of Rights filed.
Aug. 15, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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