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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MELISSA COWEN, 17-005371PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-005371PL Visitors: 7
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MELISSA COWEN
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Port St. Lucie, Florida
Filed: Sep. 26, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 17, 2017.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-1926 MELISSA S. COWEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MELISSA 8. COWEN. 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 1103631, covering the areas of Art, Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Pinewood Elementary School in the Martin County School District. MATERIAL ALLEGATIONS 3. On or about December 4, 2015, a kindergarten student, B.H., and his mother reported to Respondent that another of Respondent’s kindergarten students, J.J., was being abused at home. Specifically, B.H. reported to Respondent that J.J. stated that he, J.J., “sucked his brother’s dick” when J.J.’s grandmother was not home. Respondent failed to report the actual or suspected child abuse to the Department of Children and Families until December 7, 2015. MELISSA S. COWEN Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(b), Florida Statutes, in that Respondent knowingly failed to report actual or suspected child abuse as required in s, 1006.061 or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of students as required in s. 1012.796. COUNT 2: The Respondent is in violation of section 1012.795(1)@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education mules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.08 1(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. 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 Conimission 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 |8% day of August , 2016, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-005371PL
Issue Date Proceedings
Nov. 17, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 16, 2017 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 15, 2017 Order Denying Motion for Continuance.
Nov. 15, 2017 Order Denying Motion to Relinquish Jurisdiction.
Nov. 14, 2017 CASE STATUS: Motion Hearing Held.
Nov. 14, 2017 Respondent's Response to Petitioner's Motion to Relinquish Jurisdiction filed.
Nov. 13, 2017 Petitioner's Notice of Reliance filed.
Nov. 09, 2017 Respondent's Motion to Continue Final Hearing filed.
Nov. 07, 2017 Motion to Relinquish Jurisdiction to EPC In Absence of Disputed Material Facts filed.
Oct. 05, 2017 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 05, 2017 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 05, 2017 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 02, 2017 Order of Pre-hearing Instructions.
Oct. 02, 2017 Notice of Hearing by Video Teleconference (hearing set for November 20, 2017; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Sep. 29, 2017 Joint Response to Initial Order filed.
Sep. 26, 2017 Initial Order.
Sep. 26, 2017 Notice of Appearance (Nicholas Caggia).
Sep. 26, 2017 Administrative Complaint filed.
Sep. 26, 2017 Election of Rights filed.
Sep. 26, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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