Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEVEN ACQUAFRESCA
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Education
Locations: Naples, Florida
Filed: Oct. 06, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 6, 2018.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 167-0055
STEVEN LOUIS ACQUAFRESCA,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against STEVEN LOUIS ACQUAFRESCA. 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 1149935, covering the areas
of Elementary Education, English for Speakers of Other Languages (ESOL),
Prekindergarten/Primary Education, Reading and Gifted, which is valid through June 30, 2020.
2, At all times pertinent hereto, the Respondent was employed as a Fourth Grade
Teacher at Big Cypress Elementary School in the Collier County School District.
MATERIAL ALLEGATIONS
3. During the 2015-2016 school year, Respondent engaged in inappropriate conduct
with his fourth grade students including:
a) Putting his arm around and hugging students D.Z. and J.C.;
b) Rubbing the backs or shoulders of students D.Z. and J.C.;
c) Making students D.Z. and J.C. sit in his lap;
d) Holding the hands of students D.Z., J.C., and C.W.;
STEVEN LOUIS ACQUAFRESCA
Administrative Complaint
Page 2 of 3
e) Petting or touching student C.W.’s hair; and
f) Giving students D.Z. and J.C. clothes and/or food.
4. Respondent’s conduct alleged in paragraph 3 herein made his students, including,
DZ, J.C., C.W., L.V., and K.S., feel embarrassed, unsafe, and uncomfortable at school.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
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 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 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10,081(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
STEVEN LOUIS ACQUAFRESCA
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 /BAC day of_Mnudey 2017.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 17-005522PL
Issue Date |
Proceedings |
Mar. 06, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 05, 2018 |
Notice of Voluntary Dismissal filed.
|
Feb. 28, 2018 |
Order Granting Continuance (parties to advise status by March 6, 2018).
|
Feb. 26, 2018 |
Joint Motion to Continue Hearing filed.
|
Feb. 20, 2018 |
Notice of Unavailability filed.
|
Jan. 17, 2018 |
Order Granting Motion to Amend Administrative Complaint
|
Jan. 16, 2018 |
Petitioner's Amended Motion to Amend Administrative Complaint filed.
|
Jan. 12, 2018 |
Petitioner's Motion to Amend Administrative Complaint filed.
|
Jan. 04, 2018 |
Order Granting Continuance and Rescheduling Hearing (hearing set for March 14, 2018; 9:00 a.m.; Naples, FL).
|
Jan. 04, 2018 |
Notice of Transfer.
|
Jan. 03, 2018 |
Joint Motion to Continue Hearing filed.
|
Nov. 16, 2017 |
Notice of Service of Respondent's Responses to Discovery filed.
|
Nov. 14, 2017 |
(Respondent's) Notice of Service of Interrogatories and Request for Production filed.
|
Nov. 06, 2017 |
Order Granting Continuance and Rescheduling Hearing (hearing set for January 24, 2018; 9:30 a.m.; Tallahassee, FL).
|
Nov. 03, 2017 |
Joint Motion to Continue Final Hearing filed.
|
Oct. 25, 2017 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Oct. 25, 2017 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
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Oct. 25, 2017 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Oct. 17, 2017 |
Order of Pre-hearing Instructions.
|
Oct. 17, 2017 |
Notice of Hearing (hearing set for November 21, 2017; 9:30 a.m.; Tallahassee, FL).
|
Oct. 09, 2017 |
Initial Order.
|
Oct. 06, 2017 |
Notice of Appearance (Carol Buxton).
|
Oct. 06, 2017 |
Administrative Complaint filed.
|
Oct. 06, 2017 |
Election of Rights filed.
|
Oct. 06, 2017 |
Agency referral filed.
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