Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: AWILDA TORRES
Judges: JOHN D. C. NEWTON, II
Agency: Department of Education
Locations: Naples, Florida
Filed: Oct. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 21, 2016.
Latest Update: Feb. 02, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 145-0076
AWILDA TORRES,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against AWILDA TORRES. 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 804508, covering the areas
of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid
through June 30, 2017.
2. At all times pertinent hereto, the Respondent was employed as a Third Grade
Teacher at Lake Trafford Elementary School in the Collier County School District.
MATERIAL ALLEGATIONS
3. In or around August 2013, Respondent signed the Collier County Public Schools
Test Administration and Security Agreement whereby Respondent agreed, among other things,
to maintain the security of District benchmark tests, to not read or view test passages, to not
change or otherwise interfere with student responses to test items, and to not give students verbal
or non-verbal cues.
AWILDA TORRES
Administrative Complaint
Page 2 of 3
4. On or about February 19, 2014, Respondent improperly assisted students when
she administered benchmark portfolio assessments by indicating to students when they had a
wrong answer and providing the students an opportunity to make corrections.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: 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(5){a), Florida Administrative Code, in that Respondent has failed to maintain honesty in
all professional dealings.
GIGNATURE ON FOLLOWING PAGE)
AWILDA TORRES
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 ¢™ — dayof November 2015.
Commissioner of Education
State of Florida
Docket for Case No: 16-005843PL
Issue Date |
Proceedings |
Dec. 21, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 20, 2016 |
Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Dec. 16, 2016 |
Notice of Unavailability filed.
|
Dec. 13, 2016 |
Notice of Service of Respondent's Second Request for Production filed.
|
Nov. 14, 2016 |
Respondent's Notice of Service of Responses to Discovery filed.
|
Nov. 11, 2016 |
Respondents Notice of Service of Interrogatories and Request for Production filed.
|
Nov. 07, 2016 |
Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for January 3, 2017; 9:00 a.m.).
|
Nov. 07, 2016 |
Unopposed Motion to Continue Telephonic Prehearing Conference filed.
|
Nov. 02, 2016 |
Notice of Telephonic Pre-hearing Conference (set for December 29, 2016; 9:00 a.m.).
|
Nov. 02, 2016 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 12, 2017; 9:00 a.m.; Naples, FL).
|
Nov. 01, 2016 |
Unopposed Motion to Continue Final Hearing filed.
|
Oct. 25, 2016 |
Notice of Telephonic Status Conference (status conference set for November 4, 2016; 9:00 a.m.).
|
Oct. 20, 2016 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Oct. 20, 2016 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Oct. 20, 2016 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Oct. 20, 2016 |
Order of Pre-hearing Instructions.
|
Oct. 20, 2016 |
Notice of Hearing (hearing set for December 12, 2016; 9:00 a.m.; Naples, FL).
|
Oct. 20, 2016 |
Notice of Transfer.
|
Oct. 13, 2016 |
Joint Response to Initial Order filed.
|
Oct. 07, 2016 |
Initial Order.
|
Oct. 07, 2016 |
Administrative Complaint filed.
|
Oct. 07, 2016 |
Election of Rights filed.
|
Oct. 07, 2016 |
Agency referral filed.
|