Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TERESA O'BRIANT
Judges: R. BRUCE MCKIBBEN
Agency: Department of Education
Locations: Ocala, Florida
Filed: Oct. 24, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 9, 2017.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS. CASE NO, 145-2913
TERESA M. O’BRIANT,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against TERESA M. O’BRIANT. The Petitioner seeks the appropriate disciplinary
sanction of the Respondent’s educatos’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 993345 covering the areas
of Elementary Education, English for Speakers of Other Langua Ith. Pre
Kindergarten/Primary Education, Preschool Education, Reading and Exceptional Student
Education, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten
ESE Teacher at Marion Oaks Elementary School in the Marion County School District.
MATERIAL ALLEGATIONS
4
3, On or about December 11, 2014, Respondent became overly aggressive with D.F.,
amale, Exceptional Education Student (ESE), pre-kindergarten student. Respondent yanked
DF. up off the floor by his arm causing D.F. to scream and cry. Respondent then used her body
to forcibly push D.F. down the hallway.
TERESA M. OOBRIANT
Administrative Complaint
Page 2 of 2
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.
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 1&™ — day of ‘Wayela 2016.
, aa ;
PAW STEWART aco
Commissioner of Education
State of Florida
Docket for Case No: 16-006178PL
Issue Date |
Proceedings |
Feb. 09, 2017 |
Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
|
Feb. 08, 2017 |
Joint Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Feb. 03, 2017 |
Notice of Scheduling Court Reporter filed.
|
Feb. 01, 2017 |
Order Rejecting Petitioner's Notice of Intent to Offer Prior Bad Acts Evidence.
|
Feb. 01, 2017 |
Memorandum in Opposition to Petitioner's Notice of Intent to Offer Prior Bad Acts Evidence filed.
|
Jan. 31, 2017 |
Petitioner's Amended Witness List filed.
|
Jan. 31, 2017 |
Petitioner's Amended Exhibit List filed.
|
Jan. 30, 2017 |
Petitioner's Notice of Intent to Offer Prior Bad Acts Evidence filed.
|
Jan. 30, 2017 |
Joint Pre-hearing Stipulation filed.
|
Jan. 30, 2017 |
Petitioner's Exhibit List filed.
|
Jan. 30, 2017 |
Petitioner's Witness List filed.
|
Jan. 25, 2017 |
Notice of Taking Deposition (OBriant) filed.
|
Dec. 06, 2016 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 9, 2017; 10:00 a.m.; Ocala, FL).
|
Dec. 02, 2016 |
Petitioner's Unopposed Motion to Continue (Final Hearing) filed.
|
Nov. 23, 2016 |
Order Denying Continuance of Final Hearing.
|
Nov. 17, 2016 |
Motion to Continue and Reschedule Final Hearing filed.
|
Nov. 09, 2016 |
Notice of Transfer.
|
Nov. 03, 2016 |
Notice of Hearing (hearing set for December 19, 2016; 10:00 a.m.; Ocala, FL).
|
Nov. 03, 2016 |
Order of Pre-hearing Instructions.
|
Oct. 31, 2016 |
Petitioners Response to Initial Order filed.
|
Oct. 25, 2016 |
Initial Order.
|
Oct. 24, 2016 |
Election of Rights filed.
|
Oct. 24, 2016 |
Administrative Complaint filed.
|
Oct. 24, 2016 |
Agency referral filed.
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