Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ALISON MOODY
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Vero Beach, Florida
Filed: Jun. 22, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 5, 2018.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 167-2536
ALISON G. MOODY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against ALISON G. MOODY. 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 837816, covering the areas
of Elementary Education, Business Education and Marketing, which is valid through June 30,
2018.
2. At all times pertinent hereto, the Respondent was employed as a Business Teacher
at Vero Beach High School in the Indian River County School District.
MATERIAL ALLEGATIONS
3. During the 2015/2016 school year, Respondent taught high school business
classes and in that capacity, administered industry certification exams (ICE) which qualified
students as having knowledge and understanding of certain programs. In the process of
becoming authorized to access and administer ICE, Respondent electronically agreed to a non-
disclosure statement whereby Respondent acknowledged that the content of the exams was
confidential and agreed not to disclose it or share it for any purpose not expressly approved by
the exam owners.
ALISON G, MOODY
Administrative Complaint
Page 2 of 3
4. -Respondent violated the terms of the agreement and jeopardized the integrity of
the tests when she personally took certain exams multiple times for the purpose of sharing the
content with her students. Respondent did share the exam content with students prior to students
taking the ICE and as a result, certifications and credits awarded to students for passed exams
were revoked.
5: Respondent improperly benefited when her students passed ICE as a result of
Respondent providing them with exam content prior to the tests in the following ways:
a) Respondent’s students’ test scores qualified Respondent to receive funds above and
beyond her salary in the amount of $25 to $100 per test passed.
b) Student scores also had an impact on Respondent’s yearly evaluation making her eligible
for pay raises.
c) Finally, higher passage rates on the ICE improved the grade of the school as a whole
potentially making Respondent eligible for an additional bonus.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces
effectiveness as an employee of the school board.
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.
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(2)(b)2, Florida Administrative Code, in that Respondent has intentionally distorted or
misrepresented facts concerning an educational matter in direct or indirect public expression.
COUNT 5: 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.
ALISON G, MOODY
Administrative Complaint
Page 3 of 3
COUNT 6: = 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.
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 9 Hh day of abe ne ' , 2018.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 18-003266PL
Issue Date |
Proceedings |
Sep. 05, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Sep. 04, 2018 |
Joint Motion to Close File filed.
|
Aug. 29, 2018 |
Respondent's Notice of Serving Answers to Petitioner's Interrogatories filed.
|
Aug. 29, 2018 |
Respondent's Response to Petitioner's First Request for Production of Documents filed.
|
Aug. 29, 2018 |
Response to Request for Admissions filed.
|
Aug. 13, 2018 |
Order Granting Continuance and Rescheduling Hearing (hearing set for October 23 and 24, 2018; 9:00 a.m.; Vero Beach, FL).
|
Aug. 08, 2018 |
Joint Motion to Continue Final Hearing filed.
|
Jul. 26, 2018 |
Certificate of Service of Discovery filed.
|
Jul. 20, 2018 |
Notice of Production from Non-party filed.
|
Jul. 09, 2018 |
Amended Request to Produce filed.
|
Jul. 06, 2018 |
Order of Pre-hearing Instructions.
|
Jul. 06, 2018 |
Notice of Hearing (hearing set for August 28 and 29, 2018; 9:00 a.m.; Vero Beach, FL).
|
Jul. 03, 2018 |
Notice of Serving First Set of Interrogatories to Petitioner filed.
|
Jul. 03, 2018 |
Request to Produce filed.
|
Jul. 03, 2018 |
Notice of Production from Non-Party filed.
|
Jul. 03, 2018 |
Agreed Upon Response to Initial Order filed.
|
Jun. 25, 2018 |
Initial Order.
|
Jun. 22, 2018 |
Administrative Complaint filed.
|
Jun. 22, 2018 |
Election of Rights filed.
|
Jun. 22, 2018 |
Agency referral filed.
|