Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MARY OCONNELL
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Largo, Florida
Filed: Jun. 08, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 24, 2017.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 156-2401
MARY A. O’CONNELL,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against MARY A. O’CONNELL. 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 1034180, covering the areas
of English, English for Speakers of Other Languages (“ESOL”), Reading and Exceptional
Student Education, which is valid through June 30, 2019.
2. At all times pertinent hereto, the Respondent was employed as a Language Arts
Teacher at Pinellas Park High School in the Pinellas County School District.
MATERIAL ALLEGATIONS
3. On or about December 14, 2015, Respondent called J.N., a tenth-grade student, a
“bitch,” on school grounds and during school hours.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)@), Florida Statutes,
MARY A. O’CONNELL
Administrative Complaint
Page 2 of 2
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.
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 Réspondent 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 6% day of__ September. 2016.
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PAM STEWART, as
Commissioner of Education
State of Florida
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
V5. Case No.: 156-2401
MARY O’CONNELL,
Respondent.
—
NOTICE OF APPEARANCE
Please take notice that the undersigned hereby files this Notice of Appearance on behalf of
the Respondent in the above-referenced matter.
Copies of all pleadings, notices and correspondence regarding the above-referenced matter(s)
are tequested to be served on the undersigned.
Respectfully submitted this 9° day of August, 2016.
/s{ Branden Vicari
Branden Vicari, Esq.
Herdman & Sakellarides, P.A.
29605 U.S. Hwy 19 North, Suite 110
Clearwater, Florida 33761
(727) 785-1228
(727) 786-4107 (Fax)
Florida Bar No. 0086830
Attorney for Respondent
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via e-
mail to Bonnie Wilmont, Esq., @ bonnie.wilmont@fldoe.org, and tracey.tobert@fldoe.org, this
9th day of August, 2016.
si Branden Vicari
Branden Vicari
Docket for Case No: 17-003293PL
Issue Date |
Proceedings |
Jul. 24, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 24, 2017 |
Order Granting Motion to Amend Administrative Complaint
|
Jul. 24, 2017 |
Joint Motion to Close File filed.
|
Jul. 24, 2017 |
Petitioner's Unopposed Motion for Leave to Amend Administrative Complaint filed.
|
Jul. 19, 2017 |
Order Granting Continuance (parties to advise status by July 26, 2017).
|
Jul. 18, 2017 |
Motion to Continue and Reschedule Final Hearing filed.
|
Jul. 18, 2017 |
Petitioner's Second Amended Witness List filed.
|
Jul. 18, 2017 |
Joint Pre-hearing Stipulation filed.
|
Jul. 12, 2017 |
Notice of Taking Deposition (O'Connell) filed.
|
Jul. 12, 2017 |
Petitioner's Amended Witness List filed.
|
Jul. 10, 2017 |
Petitioner's Exhibit List filed.
|
Jul. 10, 2017 |
Petitioner's Witness List filed.
|
Jun. 19, 2017 |
Notice of Hearing (hearing set for July 27, 2017; 9:30 a.m.; Largo, FL).
|
Jun. 19, 2017 |
Order of Pre-hearing Instructions.
|
Jun. 19, 2017 |
Joint Response to Initial Order filed.
|
Jun. 09, 2017 |
Initial Order.
|
Jun. 08, 2017 |
Administrative Complaint filed.
|
Jun. 08, 2017 |
Election of Rights filed.
|
Jun. 08, 2017 |
Agency referral filed.
|