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PAM STEWART, AS COMMISSIONER OF EDUCATION vs YOLIE BAUDUY, 16-006535PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006535PL Visitors: 6
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: YOLIE BAUDUY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Nov. 08, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 18, 2017.

Latest Update: Oct. 06, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 123-2631 YOLIE BAUDUY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against YOLIE BAUDUY. 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 982168, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Middle Grades Integrated Curriculum, Exceptional Student Education and Autism Spectrum Disorder, which is valid through June 30, 2019, 2. At all times pertinent hereto, the Respondent was employed ag an Autism Spectrum Disorder Teacher at Gotha Middle School in the Orange County Schoo! District. MATERIAL ALLEGATIONS 3. During the 2012/2013 school year, Respondent failed to comply with students’ Individual Education Plans (IEP) and Behavior Plans. Examples of Respondent’s conduct include but are not limited to: A. Respondent confined 1.0., a sixth grade, autistic, male student, in a storage closet on multiple occasions, an action not authorized by and contrary to J.0.’s IEP. YOLIE BAUDUY Administrative Complaint Page 2 of 3 B. Respondent confined 1.G., a twelve year old, autistic, female student, in a storage closet on multiple occasions, an action not authorized by and contrary to LG,’s IEP, C. On or about April 15, 2013, Respondent physically restrained K.C., a sixth grade, autistic, male student, in conflict with K.C."s IEP and without following proper protocol and procedures. 4, On or about June 3, 2013, Respondent was suspended by her Principal for a period of five days as a result of her conduct, The Petitioner charges: STATUTE VIOLATIONS COUNT i: — 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 schoo! board. COUNT 2: — The Respondent is in violation of Section 1012.795(1)G), 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(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) YOLIE BAUDUY 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_ [3 day of sluly PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-006535PL
Issue Date Proceedings
Jan. 18, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 18, 2017 Unopposed Motion to Close File filed.
Dec. 20, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 22, 2017; 9:30 a.m.; Orlando and Tallahassee, FL).
Dec. 19, 2016 Notice of Taking Deposition (Bauduy) filed.
Dec. 19, 2016 Joint Motion to Continue filed.
Nov. 16, 2016 Order of Pre-hearing Instructions.
Nov. 16, 2016 Notice of Hearing (hearing set for January 11, 2017; 9:30 a.m.; Orlando, FL).
Nov. 15, 2016 Joint Response to Initial Order filed.
Nov. 09, 2016 Initial Order.
Nov. 08, 2016 Administrative Complaint filed.
Nov. 08, 2016 Letter to Marian Lambeth from Emily Moore advising of counsel filed.
Nov. 08, 2016 Election of Rights filed.
Nov. 08, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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