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PAM STEWART, AS COMMISSIONER OF EDUCATION vs FRANK ARDO, 16-006534PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006534PL Visitors: 6
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: FRANK ARDO
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Nov. 08, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 25, 2017.

Latest Update: May 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 145-2620 FRANK JOSPEH ARDO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against FRANK JOSEPH ARDO. 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 Ll. The Respondent holds Florida Educator’s Certificate 946095, covering the area of Social Science, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher at Gulf Coast High School in the Collier County School District. 3. During the 2014/2015 school year, Respondent engaged in an inappropriate relationship with H.B., a seventeen year old, female student. Respondent exchanged an excessive number of messages with H.B. over social media and through texting. Respondent’s messages to H.B. were inappropriate in their quantity and content. The messages were exchanged during school and outside of school hours. Respondent’s messages to H.B. included but were not limited to; telling H.B. that she was beautiful, hot and amazing, telling H.B. that she was important to him and that she held place in his heart, addressing H.B. as ‘baby,’ and referencing rubbing H.B.’s leg, Respondent inappropriately touched H.B. by rubbing her leg FRANE JOSEPH ARDO Administrative Complaint Page 2 of 3 repeatedly on multiple occasions and on one occasion by hugging H.B. and kissing H.B. on the nose. 4. On or about February 9, 2015, Respondent resigned in lieu of termination from his teaching position with the District as a result of his conduct. 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 ari 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. (SIGNATURE ON FOLLOWING PAGE) FRANE JOSEPH ARDO 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 exeéed five years; revokitig 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 1G" day of (Viaycla 2016. hae SY PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-006534PL
Issue Date Proceedings
Jan. 25, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 24, 2017 Respondent's Memorandum of Law Pertaining to Petitioner's Voluntary Dismissal of Administrative Complaint filed.
Jan. 17, 2017 CASE STATUS: Hearing Held.
Jan. 13, 2017 Notice of Scheduling Court Reporter filed.
Jan. 12, 2017 Joint Pre-hearing Stipulation filed.
Jan. 10, 2017 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 09, 2017 Petitioner's Notice of Filing of Proposed Exhibits filed.
Nov. 18, 2016 Respondent's Objection to Petitioner's Request for Admissions, First Set of Interrogatories, and Request for Production and Motion for Protective Order filed.
Nov. 18, 2016 Respondent's Response to Petitioner's Request for Admissions filed.
Nov. 18, 2016 Respondent's Response to Petitioner's Request for Production filed.
Nov. 18, 2016 Respondent's Notice of Service of Answers to Petitioner's First Set of Interrogatories filed.
Nov. 17, 2016 Respondent's Answer to Amended Administrative Complaint (Disputed Allegations) filed.
Nov. 17, 2016 Order Granting Motion to Amend Administrative Complaint
Nov. 16, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Nov. 16, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Nov. 16, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Nov. 16, 2016 Petitioner's Motion to Amend Administrative Complaint filed.
Nov. 15, 2016 Notice of Hearing by Video Teleconference (hearing set for January 17, 2017; 9:30 a.m.; Fort Myers and Tallahassee, FL).
Nov. 15, 2016 Order of Pre-hearing Instructions.
Nov. 14, 2016 Notice of Unavailability filed.
Nov. 14, 2016 Joint Response to Initial Order filed.
Nov. 10, 2016 Notice of Service of Respondent's Interrogatories to Petitioner filed.
Nov. 10, 2016 Respondent's Request for Production of Documents filed.
Nov. 09, 2016 Initial Order.
Nov. 08, 2016 Administrative Complaint filed.
Nov. 08, 2016 Respondent's Answer to Administrative Complaint (Disputed Allegations) filed.
Nov. 08, 2016 Election of Rights filed.
Nov. 08, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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