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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ADLEY BELIZAIRE, 16-006536PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006536PL Visitors: 8
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: Dec. 24, 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.
Source:  Florida - Division of Administrative Hearings

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