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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MIREYA GUILLEN, 18-000364PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-000364PL Visitors: 3
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MIREYA GUILLEN
Judges: J. BRUCE CULPEPPER
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: Jan. 19, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 1, 2018.

Latest Update: Jan. 03, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-2140 MIREYA SOLEDAD GUILLEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MIREYA SOLEDAD GUILLEN. 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 1025760, covering the areas of 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 Third Grade Teacher at Reedy Creek Elementary School in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about May 26, 2016, Respondent knowingly failed to report the actual or suspected child abuse of students H.L. and J.G. to the Florida Department of Children and Families as required by Section 39.201, Florida Statutes. MIREYA SOLEDAD GUILLEN 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 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. 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 15" day of Nowealoc __,2017. hd, pecerh PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-000364PL
Issue Date Proceedings
Aug. 01, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 01, 2018 Petitioner' Notice of Voluntary Dismissal Without Prejudice filed.
Jul. 31, 2018 Respondent's Amended Witness List filed.
Jul. 17, 2018 Amended Notice of Hearing (hearing set for August 15, 2018; 9:30 a.m.; Kissimmee, FL; amended as to location).
Jun. 14, 2018 Notice of Transfer.
Apr. 11, 2018 Notice of Hearing (hearing set for August 15, 2018; 9:30 a.m.; Kissimmee, FL).
Apr. 11, 2018 Notice of Transfer.
Apr. 09, 2018 Amended Joint Notice of Availability for Final Hearing filed.
Apr. 09, 2018 Joint Notice of Availability for Final Hearing filed.
Apr. 02, 2018 CASE STATUS: Motion Hearing Held.
Apr. 02, 2018 Order Granting Motion for Continuance (parties to advise status by April 9, 2018).
Mar. 30, 2018 Respondent's Response in Opposition to Petitioner's Motion to Continue filed.
Mar. 30, 2018 Amended List of Respondent's Exhibits filed.
Mar. 30, 2018 Petitioner's Motion for Continuance and Case Status Conference filed.
Mar. 28, 2018 Notice of Scheduling Court Reporter filed.
Mar. 26, 2018 Respondent's Witness List filed.
Mar. 26, 2018 Respondent's Exhibit List filed.
Mar. 26, 2018 Joint Pre-hearing Stipulation filed.
Mar. 23, 2018 Notice of Appearance filed.
Mar. 23, 2018 Petitioner's Amended Exhibit List filed.
Mar. 23, 2018 Petitioner's Amended Witness List filed.
Mar. 22, 2018 Order Modifying Length of Hearing (hearing on April 4, 2018, shall be extended from three hours to one day. Also, the hearing will begin at 9:00 a.m. rather than 9:30 a.m.).
Mar. 20, 2018 Petitioner's Exhibit List filed.
Mar. 20, 2018 Unopposed Motion to Extend Hearing Time filed.
Mar. 20, 2018 Petitioner's Witness List filed.
Mar. 08, 2018 Amended Second Notice of Hearing (hearing set for April 4, 2018; 9:30 a.m.; Kissimmee, FL; amended as to Hearing Date & Location).
Mar. 07, 2018 Notice of Transfer.
Feb. 09, 2018 Notice of Transfer.
Jan. 31, 2018 Order Granting Continuance and Rescheduling Hearing (hearing set for April 3, 2018; 9:30 a.m.; Kissimmee, FL).
Jan. 29, 2018 Respondent's Unopposed Motion to Continue Hearing filed.
Jan. 26, 2018 Order of Pre-hearing Instructions.
Jan. 26, 2018 Notice of Hearing (hearing set for March 22, 2018; 9:00 a.m.; Kissimmee, FL).
Jan. 26, 2018 Respondent's Response to the Initial Order filed.
Jan. 26, 2018 Petitioner's Response to Initial Order filed.
Jan. 19, 2018 Initial Order.
Jan. 19, 2018 Notice of Appearance (Eric Lindstrom).
Jan. 19, 2018 Administrative Complaint filed.
Jan. 19, 2018 Election of Rights filed.
Jan. 19, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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