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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ASHLEY COHEN, 17-002593PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-002593PL Visitors: 12
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ASHLEY COHEN
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: May 04, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 16, 2017.

Latest Update: Jul. 04, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Comunissioner of Education, Petitioner, vs. CASE NO. 156-2398 ASHLEY COHEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ASHLEY COHEN. 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 1278383, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and Reading, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Holly Hill School in the Volusia County School District. MATERIAL ALLEGATIONS 3. During the 2015-2016 school year, students reported to Respondent several violations of Section 1012.795(1), Florida Statutes, by another male teacher, M.J., including allegations that: a.) M.J. called female students “baby” or “baby girl,” or words to that effect; and b.) M.J. stared at the breasts and buttocks of female students, ASHLEY COHEN Administrative Complaint Page 2 of 3 4, Respondent failed to take action or report the allegations made by her students. As a result, the allegations were not investigated by the school for a period of four months. 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(2)(a)1, 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 Respondent is in violation of Rule 6A-10.081(2)(c)14, Florida Administrative Code, in that Respondent failed to report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in section 1012.795(1), Florida Statutes. (SIGNATURE ON FOLLOWING PAGE) ASHLEY COHEN 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 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 a period of time not to exceed five years; revoking the Respondent’s educator’s certificate 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. EXECUTED on this \QS day of October __, 2016. hb pecerf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-002593PL
Issue Date Proceedings
Aug. 16, 2017 Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
Aug. 16, 2017 Joint Motion to Close File filed.
Aug. 03, 2017 Notice of Taking Depositions filed.
Aug. 01, 2017 Petitioner's Exhibit List filed.
Aug. 01, 2017 Petitioner's Witness List filed.
Jul. 06, 2017 Notice of Taking Deposition (Cohen) filed.
Jun. 28, 2017 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for August 25, 2017; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Jun. 28, 2017 Motion to Continue and Reschedule Final Hearing filed.
Jun. 26, 2017 Notice of Production from Non-Party filed.
May 16, 2017 Order of Pre-hearing Instructions.
May 16, 2017 Notice of Hearing by Video Teleconference (hearing set for July 11, 2017; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
May 11, 2017 Joint Response to Initial Order filed.
May 04, 2017 Initial Order.
May 04, 2017 Notice of Appearance (Braden Vicari).
May 04, 2017 Administrative Complaint filed.
May 04, 2017 Election of Rights filed.
May 04, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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