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: Feb. 01, 2025
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.
|