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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LILLIE WILLIAMS-GRAHAM, 17-005526PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-005526PL Visitors: 17
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LILLIE WILLIAMS-GRAHAM
Judges: SUZANNE VAN WYK
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Oct. 06, 2017
Status: Closed
Recommended Order on Thursday, February 8, 2018.

Latest Update: Jun. 25, 2018
Summary: Whether Respondent violated section 1012.795(1)(j), Florida Statutes (2016), or Florida Administrative Code Rules 6A- 10.081(2)(a)1. and 5.; and, if so, what penalty should be imposed.Petitioner did not prove, by clear and convincing evidence, that Respondent "struck" a student on the head or grabbed a student's arm and pulled her from the cafeteria.
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Before the Education Practices Commission of the State of Florida


PAM STEWART,

Commissioner of Education, Petitioner,

vs. EPC CASE m 17-0508-RT

DOAH CASE m 17-5526PL

LILLIE WILLIAMS-GRAHAM, PPS m 167-1858 INDEX m: 18-208-FOF

CERTIFICATE m 973805

Respondent.

/


Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on April 12, 2018 in Fort Lauderdale, Florida, for consideration of the Recommended Order entered in this case by SUZANNE VAN WYK, Administrative Law Judge.

Respondent was not present. Petitioner was represented by Ron Weaver, Esq.


Findings of Fact


  1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

  2. There is competent substantial evidence to support the findings of fact.


Conclusions of Law


  1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.


    Filed April 25, 2018 4:03 PM Division of Administrative Hearings


  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty


Upon a complete review of the record in this case, the Commission determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that the Administrative Complaint is hereby DISMISSED.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.


DONE AND ORDERED, this 20th day of April, 2018.


CHRISTIE GOLD, Presiding Officer


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL

MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of the foregoing Order was mailed to LILLIE WILLIAMS- GRAHAM, 7387 Volley Drive North, Jacksonville, FL 32277 by Certified U.S. Mail and by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esq., Post Office Box 770088, Ocala, FL 34477 this 20th day of April, 2018.



COPIES FURNISHED TO:

Lisa Forbess, Clerk

Education Practices Commission


Office of Professional Practices Services Claudia Llado, Clerk

Division of Administrative Hearings

Bureau of Educator Certification


Superintendent

Duval County Schools 1701 Prudential Dr.

Jacksonville, FL 32207-8182


Professional Standards Duval County Schools 1701 Prudential Dr.

Jacksonville, FL 32207-8182


Lee Ann Gustafson

Senior Assistant Attorney General


SUZANNE VAN WYK

Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Docket for Case No: 17-005526PL
Issue Date Proceedings
Jun. 25, 2018 Transmittal letter from Claudia Llado forwarding the original flash drive containing Petitioner's Exhibit numbered 15 to the agency.
Apr. 25, 2018 Agency Final Order filed.
Feb. 28, 2018 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibit 15 to the agency.
Feb. 08, 2018 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 08, 2018 Recommended Order (hearing held December 12, 2017). CASE CLOSED.
Jan. 16, 2018 Petitioner's Proposed Recommended Order filed.
Jan. 03, 2018 Transcript of Proceedings (not available for viewing) filed.
Dec. 13, 2017 Statement of Person Administering Oath filed.
Dec. 12, 2017 CASE STATUS: Hearing Held.
Dec. 12, 2017 Return of Service - West filed.
Dec. 12, 2017 Return of Service - Harrell filed.
Dec. 12, 2017 Return of Service - Dixon filed.
Dec. 12, 2017 Return of Service - Brooks filed.
Dec. 12, 2017 Return of Service - Carelock filed.
Dec. 11, 2017 Amended Administrative Complaint filed.
Dec. 08, 2017 Order Allowing Testimony by Video.
Dec. 08, 2017 Order Granting Unopposed Motion to Amend Administrative Coomplaint to Correct Scrivenor's Error.
Dec. 08, 2017 Petitioner's Notice of Filing Email Communications with Respondent regarding Motions filed.
Dec. 07, 2017 Petitioner's Second Amended Witness List filed.
Dec. 07, 2017 Petitioner's Notice regarding Communications with Respondent filed.
Dec. 07, 2017 Petitioner's Unopposed Motion to Amend Administrative Complaint to Correct Scrivenor's Error filed.
Dec. 07, 2017 Petitioner's Unopposed Motion for Witness to Appear at Final Hearing by Telephone/Video filed.
Dec. 07, 2017 Notice of Scheduling Court Reporter filed.
Dec. 04, 2017 Petitioner's Motion to Amend Administrative Compaint to Correct Scrivener's Error filed.
Dec. 04, 2017 Petitioner's Notice of Compliance with Order of Pre-hearing Instructions filed.
Dec. 04, 2017 Petitioner's Amended Exhibit List filed.
Dec. 04, 2017 Petitioner's Amended Witness List filed.
Nov. 30, 2017 Petitioner's Exhibit List filed.
Nov. 30, 2017 Petitioner's Witness List filed.
Nov. 15, 2017 Order Granting Continuance and Rescheduling Hearing (hearing set for December 12, 2017; 9:00 a.m.; Jacksonville, FL).
Nov. 14, 2017 Joint Motion to Continue Final Hearing filed.
Nov. 14, 2017 Notice of Taking Deposition (Williams-Graham) filed.
Nov. 14, 2017 Certificate of Service of Discovery filed.
Oct. 20, 2017 Order of Pre-hearing Instructions.
Oct. 20, 2017 Notice of Hearing (hearing set for November 28, 2017; 9:00 a.m.; Jacksonville, FL).
Oct. 19, 2017 Petitioner's Response to Initial Order filed.
Oct. 09, 2017 Initial Order.
Oct. 06, 2017 Administrative Complaint filed.
Oct. 06, 2017 Election of Rights filed.
Oct. 06, 2017 Agency referral filed.

Orders for Case No: 17-005526PL
Issue Date Document Summary
Apr. 20, 2018 Agency Final Order
Feb. 08, 2018 Recommended Order Petitioner did not prove, by clear and convincing evidence, that Respondent "struck" a student on the head or grabbed a student's arm and pulled her from the cafeteria.
Source:  Florida - Division of Administrative Hearings

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