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PAM STEWART, AS COMMISSIONER OF EDUCATION vs EMMANUEL TEDDY FLEURANTIN, 16-006174PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006174PL Visitors: 20
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: EMMANUEL TEDDY FLEURANTIN
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Oct. 24, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 11, 2017.

Latest Update: Nov. 18, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Comunissioner of Education, Petitioner, VS. CASE NO. 112-3051 EMMANUEL FLEURANTIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against EMMANUEL FLEURANTIN. 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 1090412, covering the areas of Mathematics, Middle Grades Integrated Curriculum and Business Education, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Miami Norland High School in the Miami County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, Respondent served as the exam proctor for the Adobe Dreamweaver and Adobe Photoshop industry certification exams at Norland High School. On or about April 3, 2012, while proctoring the Adobe Photoshop exam, Respondent allowed students to use study guides or other materials containing answers to the exam while testing. Such assistance on the exam is prohibited. EMMANUEL FLEURANTIN Administrative Complaint Page 2 of 3 4. As a result of Respondent’s conduct alleged in paragraph 3 herein, Respondent’s employment was terminated by the Miami-Dade School District. Respondent contested the termination and on or about July 29, 2014, an Administrative Law Judge for the Division of Administrative Hearings entered a Recommended Order recommending that the Miami-Dade School District enter a final order terminating Respondent’s employment. Respondent then tendered his resignation on or about August 25, 2014. 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)(j), 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(5)(a), Florida Administrative Code, in that Respondent has failed to maintaim honesty in all professional dealings. COUNT 5: 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) es EMMANUEL FLEURANTIN 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 yn" day of Feoyuovk _. 2) ms PAM STEWART, as — Commissioner of Education State of Florida

Docket for Case No: 16-006174PL
Issue Date Proceedings
Mar. 28, 2017 Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 17-1960PL ESTABLISHED)
Jan. 11, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 11, 2017 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Dec. 07, 2016 Respondent's Notice of Discovery Requests to Petitioner filed.
Nov. 30, 2016 Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
Nov. 30, 2016 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Nov. 08, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Nov. 08, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Nov. 08, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Nov. 07, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 26 and 27, 2017; 9:00 a.m.; Miami and Tallahassee, FL; amended as to ).
Nov. 04, 2016 Joint Motion to Continue Hearing filed.
Nov. 02, 2016 Order of Pre-hearing Instructions.
Nov. 02, 2016 Notice of Hearing by Video Teleconference (hearing set for December 2, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 25, 2016 Initial Order.
Oct. 24, 2016 Election of Rights filed.
Oct. 24, 2016 Administrative Complaint filed.
Oct. 24, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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