Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DOMINICK DINOTO
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: Feb. 14, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 6, 2018.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner, ‘
VS. CASE NO. 167-1246
DOMINICK DINOTO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against DOMINICK DINOTO. 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 873261, covering the areas of
Elementary Education, English for Speakers of Other Languages (ESOL), Mathematics -Pre-
Kindergarten/Primary Education and Exceptional Student Education, which is valid through June
30, 2021.
2: At all times pertinent hereto, the Respondent was employed as an Exceptional
Student Education Teacher at Gateway Elementary School in the Lee County School District.
MATERIAL ALLEGATIONS
3. On or about September 9, 2016, Respondent inappropriately disciplined LB., a
nine year old, male student. Respondent became angered when I.B. removed a screw from a
desk where he was sitting. Respondent demanded that IB. hand the screw to Respondent. When
LB. attempted to hand over the screw, it fell to the floor whereupon Respondent grabbed IB. in
the neck/shoulder area, pushed I.B. towards the floor while yelling, “Pick it up! Pick it up!” or
DOMINICK DINOTO
Administrative Complaint
Page 2 of 2
words to that effect. Respondent’s conduct exposed LB. to embarrassment in front of the other
students.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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 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)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
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 ye day of Min, , 2017.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 18-000806PL
Issue Date |
Proceedings |
Apr. 06, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 06, 2018 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Mar. 06, 2018 |
Notice of Taking Depositions filed.
|
Mar. 05, 2018 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Mar. 05, 2018 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Mar. 05, 2018 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Feb. 26, 2018 |
Order of Pre-hearing Instructions.
|
Feb. 26, 2018 |
Notice of Hearing by Video Teleconference (hearing set for April 25, 2018; 9:30 a.m.; Fort Myers and Tallahassee, FL).
|
Feb. 21, 2018 |
Joint Response to Initial Order filed.
|
Feb. 14, 2018 |
Notice of Appearance (Anthony Demma).
|
Feb. 14, 2018 |
Administrative Complaint filed.
|
Feb. 14, 2018 |
Election of Rights filed.
|
Feb. 14, 2018 |
Agency referral filed.
|
Feb. 14, 2018 |
Initial Order.
|