Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ADLEY BELIZAIRE
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 08, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 7, 2017.
Latest Update: Aug. 29, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Kducation,
Petitioner,
vs. CASE NO. 145-1486
ADLEY BELIZAIRE,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against ADLEY BELIZAIRE. 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
L. The Respondent holds Florida Educator’s Certificate 1128250, covering the areas
of English for Speakers of Other Languages (ESOL) and Exceptional Student Education, which
is valid through June 30, 2019,
2. At all times pertinent hereto, the Respondent was employed as a Special
Education Teacher at Allapatiah Middle School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about April 21, 2014, Respondent engaged in a physical confrontation with
JA, a seventh grade, male student with Emotional/Bebavioral Disorder (EBD). In the course of
the altercation, Respondent pushed J.A. against a set of bookcases causing J.A. to hit his head.
Respondent then pushed J.A. to the floor and held him down by placing his knee on J.A.’s back
and holding J.A.’s hands behind J.A.’s back. Additionally, Respondent struck JA. with a small
wood stick.
ADLEY BELIZAIRE
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)Q), Florida Statutes,
in that Respondent has violated the Principles of Professional Conduct for the Education
Profession prescribed by State Board of Education rules.
RULE VIGLATIONS
COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.0813)(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 3: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a
student from independent action in pursuit of learning.
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.
GIGNATURE ON FOLLOWING PAGE)
ADLEY BELIZAIRE
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 follawing: 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
aperiod of tune not to exceed five years; revoking the Respondent's educator’s certificate fora
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 “7 — dayot October, 2015.
—Lbcrerf
tt
PAM STEWART, as
Comunissioner of Education
State of Florida
Docket for Case No: 16-006536PL
Issue Date |
Proceedings |
May 18, 2017 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). FILED IN ERROR. |
May 17, 2017 |
Petitioner's Notice of Filing of Proposed Exhibits filed. (FILED IN ERROR).
|
Mar. 28, 2017 |
Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 17-1958PL ESTABLISHED)
|
Feb. 07, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 06, 2017 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Dec. 05, 2016 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 28, 2017; 9:30 a.m.; Miami and Tallahassee, FL; amended as to ).
|
Dec. 02, 2016 |
Joint Motion to Continue Hearing filed.
|
Dec. 02, 2016 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
|
Nov. 16, 2016 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
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. 15, 2016 |
Order of Pre-hearing Instructions.
|
Nov. 15, 2016 |
Notice of Hearing by Video Teleconference (hearing set for December 22, 2016; 9:30 a.m.; Miami and Tallahassee, FL).
|
Nov. 14, 2016 |
Joint Response to Initial Order filed.
|
Nov. 09, 2016 |
Initial Order.
|
Nov. 08, 2016 |
Administrative Complaint filed.
|
Nov. 08, 2016 |
Election of Rights filed.
|
Nov. 08, 2016 |
Agency referral filed.
|