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: Dec. 26, 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.
|