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PAM STEWART, AS COMMISSIONER OF EDUCATION vs RICKY MARTIN, 16-006175PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006175PL Visitors: 6
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: RICKY MARTIN
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Oct. 24, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 20, 2016.

Latest Update: Jun. 03, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 145-2631 RICKY MARTIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against RICKY MARTIN. 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 i. The Respondent holds Florida Educator’s Certificate 989817, covering the areas of Computer Science, Mathematics and Business Education, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Gulf Coast High School in the Collier County School District, MATERIAL ALLEGATIONS 3. During the 2013-14 and 2014-15 school year, Respondent singled out S.S., a female, high-school student, and afforded her an inappropriate amount of personal attention that exceeded the bounds of the student-educator relationship. This behavior includes, but is not limited to, the following: 1) Giving S.S. approximately seven iTunes gift cards valued at approximately $30, various cards, and candy; RICKY MARTIN Administrative Complaint Page 2 of 3 2) Discussing §.S.’s romantic relationships with S.S.; ) Mailing a “Happy Fourth of July” greeting card to S.S.’s home, which contained approximately nine movie tickets; 4) Referring to S.S. as “Kahleesi,” a female character on the television show, Game of Thrones; and Removing H.M., a female student, from a class to discuss $.8.’s ty romantic relationships with other students. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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. (SIGNATURE ON FOLLOWING PAGE) RICKY MARTIN 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 Righis forms attached to and made a part of this Administrative Conmplaint, 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. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-006175PL
Issue Date Proceedings
Dec. 20, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 19, 2016 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 14, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 3, 2017; 9:30 a.m.; Fort Myers and Tallahassee, FL; amended as to ).
Nov. 14, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Nov. 14, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Nov. 14, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Nov. 14, 2016 Joint Motion to Continue Hearing filed.
Nov. 02, 2016 Order of Pre-hearing Instructions.
Nov. 02, 2016 Notice of Hearing (hearing set for December 5, 2016; 9:30 a.m.; 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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