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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ERNESTINE BOBB, 16-005933PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005933PL Visitors: 47
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ERNESTINE BOBB
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 14, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 4, 2016.

Latest Update: Jun. 14, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, v8. CASE NO. 123-2162 ERNESTINE HARGROVE BOBB, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ERNESTINE HARGROVE BOBB. 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 512574, covering the areas of Middle Grades Integrated Curriculum and Social Science, which is valid through June 30, 2018. 2, At all times pertinent hereto, the Respondent was employed as a Social Studies ‘Teacher at Gulfstream Middle School in the Broward County School District. MATERIAL ALLEGATIONS 2 3. During the 2012/2013 school year, Respondent inappropriately disciplined students. On or about February 6, 2013, Respondent forcefully pushed X.M., a fourteen year old, male student, from Respondent’s classroom into the adjoining classroom causing X.M. to almost fall down. On or about May 20, 2013, Respondent accidentally spat on M.M., a thirteen year old, female student, when discussing a lesson. When M.M. brought the action to Respondent’s attention, Respondent again spat on M.M. but this time it was intentional. ERNESTINE HARGROVE BOBB Administrative Complaint Page 2 of 3 4, During July of 2012, action was taken against Respondent's certificate by the Florida Education Practices Commission (EPC) as the result of inappropriate discipline by Respondent. On or about July 20, 2012, the EPC issued a Final Order in the case accepting a Settlement Agreement signed by Respondent whereby Respondent agreed io a period of probation of one year. Respondent further agreed that during the term of probation, among other things, she would “violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 6B-1.006". Respondent's subsequent inappropriate discipline of students ocowred during Respondent’s term of probation and was therefore a violation of that probation. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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)(@}, 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(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) ERNESTINE HARGROVE BOBB 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_ 2H" dayor__Decenber __, 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-005933PL
Issue Date Proceedings
Nov. 04, 2016 Order Closing File and Relinquishing Jurisdiction filed. CASE CLOSED.
Nov. 04, 2016 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Oct. 24, 2016 Order of Pre-hearing Instructions.
Oct. 24, 2016 Notice of Hearing by Video Teleconference (hearing set for November 30, 2016; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 24, 2016 Undeliverable envelope returned from the Post Office.
Oct. 14, 2016 Order Re-opening File. CASE REOPENED.
Oct. 14, 2016 Initial Order.
Oct. 13, 2016 Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 15-1891PL)
Apr. 08, 2015 Letter to Ernestine Bobb from Gretchen Brantley regarding your case filed.
Apr. 08, 2015 Administrative Complaint filed.
Apr. 08, 2015 Election of Rights filed.
Apr. 08, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Apr. 08, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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