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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ADLEY BELIZAIRE, 17-001958PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-001958PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ADLEY BELIZAIRE
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 29, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 24, 2017.

Latest Update: Mar. 08, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, 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 1. 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 Allapattah 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 J.A., a seventh grade, male student with Emotional/Behavioral 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)(j), 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 2: 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 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. (SIGNATURE 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 oné 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 aperiod-of time not to-exceed five years; revoking the Respondent's educator’s certificate for-a peried 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 “J dayof October, 2015. & } ‘ / _. Carp HEE vp _ PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-001958PL
Issue Date Proceedings
May 24, 2017 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to Petitioner.
May 24, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 23, 2017 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
May 23, 2017 Order Canceling Hearing (parties to advise status by May 30, 2017).
May 18, 2017 Petitioner's Exhibit Booklet filed (proposed exhibits not available for viewing).
May 18, 2017 Notice of Scheduling Court Reporter filed.
May 17, 2017 Petitioner's Notice of Filing of Proposed Exhibits filed.
May 15, 2017 Joint Pre-hearing Stipulation filed.
Apr. 20, 2017 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Apr. 18, 2017 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Apr. 18, 2017 Notice of Service of Petitioner's Request for Production to Respondent filed.
Apr. 18, 2017 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Apr. 07, 2017 Order of Pre-hearing Instructions.
Apr. 07, 2017 Notice of Hearing by Video Teleconference (hearing set for May 23, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
Mar. 29, 2017 Order Re-opening File. CASE REOPENED.
Mar. 29, 2017 Initial Order.
Mar. 28, 2017 Petitioner's Motion to Re-open Case (FORMERLY DOAH CASE NO. 16-6536PL) 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. 14, 2016 Joint Response to Initial Order filed.
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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