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.
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