Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: HOLLY CADY
Judges: J. BRUCE CULPEPPER
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: Dec. 18, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 14, 2018.
Latest Update: Nov. 19, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 167-1735
HOLLY LYNN CADY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against HOLLY LYNN CADY. 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 1033882, covering the area
of Music, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at
Flora Ridge Elementary School in the Osceola County School District.
MATERIAL ALLEGATIONS
3. On or about August 27, 2015, Respondent signed the district’s Test
Administration and Security Agreement for Assessments Used for Employee Evaluation
Purposes wherein she agreed to protect the integrity of the exam and to follow all procedures
related to the exams.
4. On or about May 10, 2016, Respondent received an email from the District
Assessment Coordinator that contained the End of Course exam for music students. Respondent
violated the test administration and security agreement. On or about May 16-17, 2016,
HOLLY LYNN CADY
Administrative Complaint
Page 2 of 3
Respondent conducted a review with her students with the testing materials in direct violation of
her agreement. As a direct result of Respondent’s actions, the integrity of the exam was
compromised and all exams were invalidated or compromised. Respondent’s evaluation was
significantly impacted by the results of the exam.
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 allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(2)(b)3, Florida Administrative Code, in that Respondent has used institutional privileges
for personal gain or advantage.
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(2)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in
all professional dealings.
(SIGNATURE ON FOLLOWING PAGE)
HOLLY LYNN CADY
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 onthis (th day of _ dy J 2017.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 17-006734PL
Issue Date |
Proceedings |
Mar. 14, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 14, 2018 |
Joint Motion to Close File filed.
|
Mar. 12, 2018 |
Notice of Appearance (Tobe Lev) filed.
|
Mar. 12, 2018 |
Petitioner's Exhibit List filed.
|
Mar. 12, 2018 |
Petitioners Witness List filed.
|
Mar. 06, 2018 |
Notice of Transfer.
|
Feb. 09, 2018 |
Notice of Transfer.
|
Jan. 03, 2018 |
Amended Notice of Hearing (hearing set for March 28, 2018; 9:30 a.m.; Kissimmee, FL; amended as to hearing location).
|
Dec. 26, 2017 |
Order of Pre-hearing Instructions.
|
Dec. 26, 2017 |
Notice of Hearing (hearing set for March 28, 2018; 9:30 a.m.; Kissimmee, FL).
|
Dec. 21, 2017 |
Joint Response to Initial Order filed.
|
Dec. 18, 2017 |
Initial Order.
|
Dec. 18, 2017 |
Notice of Appearance (Eric Lindstrom).
|
Dec. 18, 2017 |
Administrative Complaint filed.
|
Dec. 18, 2017 |
Election of Rights filed.
|
Dec. 18, 2017 |
Agency referral filed.
|