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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JOELLIE GONSETH, 18-000608PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-000608PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JOELLIE GONSETH
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Ocala, Florida
Filed: Feb. 06, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 9, 2018.

Latest Update: Oct. 01, 2024
. STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 167-2653 JOELLIE M. GONSETH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOELLIE M. GONSETH. 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 1279822, covering the areas of Social Science, Exceptional Student Education and Autism Spectrum Disorder (ASD), which is valid through June 30, 2018. 2. ’ At all times pertinent hereto, the Respondent was employed as an ASD Teacher at Forest High School in the Marion County School District. MATERIAL ALLEGATIONS 3. On or about January 17, 2017, Respondent inappropriately disciplined and restrained a ninth grade, autistic student, G.R., when Respondent and a paraprofessional grabbed G.R. by the arms and dragged him several feet to the corner of the classroom for time-out. Respondent then placed her hand on G.R.’s head and held G.R.’s face against the wall to prevent G.R. from banging his head on the wall. JOELLIE M. GONSETH Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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. 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 QO day of boplimber. 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-000608PL
Issue Date Proceedings
Apr. 09, 2018 Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
Apr. 09, 2018 Joint Motion to Close File filed.
Apr. 05, 2018 Notice of Scheduling Court Reporter filed.
Apr. 03, 2018 Petitioner's Amended Witness List filed.
Apr. 03, 2018 Notice of Taking Deposition (Gonseth) filed.
Apr. 02, 2018 Petitioner's Exhibit List filed.
Apr. 02, 2018 Petitioner's Witness List filed.
Feb. 13, 2018 Order of Pre-hearing Instructions.
Feb. 13, 2018 Notice of Hearing (hearing set for April 12, 2018; 9:30 a.m.; Ocala, FL).
Feb. 12, 2018 Joint Response to Initial Order filed.
Feb. 06, 2018 Initial Order.
Feb. 06, 2018 Notice of Appearance (Mark Herdman).
Feb. 06, 2018 Administrative Complaint filed.
Feb. 06, 2018 Election of Rights filed.
Feb. 06, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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