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PAM STEWART, AS COMMISSIONER OF EDUCATION vs PAUL PALECZNY, 18-004106PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-004106PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: PAUL PALECZNY
Judges: JAMES H. PETERSON, III
Agency: Department of Education
Locations: Inverness, Florida
Filed: Aug. 03, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 25, 2018.

Latest Update: Jul. 07, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 178-1274 PAUL PALECZNY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against PAUL PALECZNY. 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 836542, covering the areas of Elementary Education, Emotionally Handicapped, English for Speakers of Other Languages (ESOL), Mathematics, Mentally Handicapped and Specific Learning Disabilities, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Citrus High School in the Citrus County School District, MATERIAL ALLEGATIONS 3. During the 2017-2018 school year, Respondent sent inappropriate text messages to tudent, including: a) Suggesting that WD offer another teacher a “nice B.J.”, referring to oral sex, in exchange for a better grade; and PAUL PALECZNY Administrative Complaint Page 2 of 2 b) Calling {nis “tittle nigger bitch.” The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)q), 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 23™ day of _{ Y lay 2018. (d,-—heecerrf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-004106PL
Issue Date Proceedings
Sep. 25, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 24, 2018 Joint Motion to Close File filed.
Sep. 19, 2018 Motion for Enlargement of Time for Production of Documents to Petitioner filed.
Sep. 18, 2018 Petitioner's Response in Opposition to Respondent's Motion to Continue until January 2019 filed.
Sep. 18, 2018 Petitioner's Exhibit List filed.
Sep. 18, 2018 Petitioner's Witness List filed.
Sep. 17, 2018 Motion to Continue filed.
Aug. 29, 2018 Order of Pre-hearing Instructions.
Aug. 29, 2018 Notice of Hearing (hearing set for October 29 and 30, 2018; 10:00 a.m.; Inverness, FL).
Aug. 28, 2018 Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Aug. 20, 2018 Agreed upon Response to Initial Order filed.
Aug. 20, 2018 Certificate of Service of Discovery filed.
Aug. 17, 2018 Order (regarding responses to Initial Order).
Aug. 14, 2018 Respondent's Response to Initial Order filed.
Aug. 14, 2018 Petitioner's Response to Initial Order filed.
Aug. 06, 2018 Initial Order.
Aug. 03, 2018 Letter from William Grant regarding representation filed.
Aug. 03, 2018 Election of Rights filed.
Aug. 03, 2018 Administrative Complaint filed.
Aug. 03, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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