Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CECILY RICHBURG
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 05, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 23, 2018.
Latest Update: Jul. 07, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 156-2743
CECILY C. RICHBURG,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against CECILY C. RICHBURG. 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 1148223, covering the areas
of Elementary Education, English for Speakers of Other Languages (ESOL) and Exceptional
Student Education, which is valid through June 30, 2021.
2. At all times pertinent hereto, the Respondent was employed as a Kindergarten
Teacher at West Homestead K-8 Center in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about January 13, 2016, Respondent failed to properly supervise her
students. Respondent failed to pick up T.C., a male, Special Education (SPED), kindergarten
student, from the cafeteria with the rest of her class when the class finished lunch. Upon
returning to her classroom, Respondent failed to timely report that T.C. was missing. T.C. left
the school campus with his twin brother, J.C., crossed the street outside of the school and was
found by an adult male, unknown to T.C. or his brother, inside an apartment complex.
CECILY C. RICHBURG
Administrative Complaint
Page 2 of 2
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.
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 oZ/' AE ay of MIACA_ 2017.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 18-001167PL
Issue Date |
Proceedings |
Apr. 23, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 20, 2018 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Mar. 09, 2018 |
Order of Pre-hearing Instructions.
|
Mar. 09, 2018 |
Notice of Hearing by Video Teleconference (hearing set for May 17, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
|
Mar. 09, 2018 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Mar. 09, 2018 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Mar. 09, 2018 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Mar. 09, 2018 |
Joint Response to Initial Order filed.
|
Mar. 06, 2018 |
Initial Order.
|
Mar. 05, 2018 |
Notice of Appearance (B. Vicari).
|
Mar. 05, 2018 |
Administrative Complaint filed.
|
Mar. 05, 2018 |
Election of Rights filed.
|
Mar. 05, 2018 |
Agency referral filed.
|