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PAM STEWART, AS COMMISSIONER OF EDUCATION vs KIM ADAMS, 16-006773PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006773PL Visitors: 15
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KIM ADAMS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Lakeland, Florida
Filed: Nov. 17, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 6, 2017.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 134-2548 KIM ADAMS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KIM ADAMS. 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 6A4-10.081, 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 933466, covering the areas of Drama and Exceptional Student Education, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Drama Teacher at Rochelle K-8 School of Arts in the Polk County School District. MATERIAL ALLEGATIONS 3. On or about February 6, 2012, Respondent engaged in an altercation with C.J, a fifth grade, maie student. Respondent grabbed C.J.’s backpack while he was wearing it and caused minor injury to C.J.’s eye. Respondent’s principal instructed Respondent to. avoid confrontation with C.J, while the incident was investigated. Between March 1, 2012, and March 5, 2012, Respondent confronted C.J. multiple times without attempting to disengage. 4, On or about December 12, 2013, Respondent inappropriately disciplined Z.S., a female, kindergarten student, by taping Z.S.’s hands together. KIM ADAMS Administrative Complaint Page 2 of 3 3. On or about January 27, 2014, Respondent was suspended from her teaching position with the District for a period of three days as a result of her discipline of Z.S. 6. During the 2013/2014 school year, Respondent unnecessarily embarrassed and disparaged students. Examples of Respondent’s conduct included but were not limited to: a) Respondent chastised A.W., a 6" grade, female student, causing A.W. to cry shortly after a death in A.W.’s family. b) On or about May 10, 2014, Respondent called J.T., a sixth grade, female student, obnoxious and stupid. c) Respondent argued with and taunted students. 7. On, or about May 9, 2014, Respondent failed to properly supervise students when she ordered several students to leave her class before the period was over resulting in the students roaming the hallways without supervision. 8. On or about August 5, 2014, Respondent resigned in lieu of termination from her teaching position with the District. 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 an employee of the school 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 64- 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- 10.081G3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) KIM ADAMS 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 scape 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-excced five years; revoking the Respondent's educator's cenificate 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. et EXECUTED on this 2.5 day of A\yact 2015. od PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-006773PL
Issue Date Proceedings
Feb. 06, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 06, 2017 Petitioner's Second Motion to Deem Facts Admitted and Relinquish Jurisdiction to the Education Practices Commission filed.
Jan. 19, 2017 Order Canceling Hearing and Requiring Respondent to Show Cause (parties to advise status by February 3, 2017).
Jan. 19, 2017 Petitioner's Motion to Continue filed.
Jan. 18, 2017 Petitioner's Motion for Case Status Conference filed.
Jan. 12, 2017 Order Denying Motion to Deem Facts Admitted and Relinquish Jurisdiction.
Dec. 30, 2016 Petitioner's Motion to Deem Facts Admitted and Relinquish Jurisdiction to the Education Practices Commission filed.
Nov. 29, 2016 Order of Pre-hearing Instructions.
Nov. 29, 2016 Notice of Hearing by Video Teleconference (hearing set for January 25, 2017; 9:30 a.m.; Lakeland and Tallahassee, FL).
Nov. 29, 2016 Certificate of Service of Discovery filed.
Nov. 28, 2016 Petitioner's Response to Initial Order filed.
Nov. 17, 2016 Initial Order.
Nov. 17, 2016 Administrative Complaint filed.
Nov. 17, 2016 Election of Rights filed.
Nov. 17, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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