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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs CARMEN BROWN RAMIREZ, 18-005821PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005821PL Visitors: 11
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: CARMEN BROWN RAMIREZ
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Education
Locations: Lakeland, Florida
Filed: Nov. 05, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 8, 2019.

Latest Update: Dec. 23, 2024
FROM: The Education Practices Commission TO: DOAH Clerk of Court RE: REDACTION OF CERTAIN LANGUAGE The Education Practices Commission reviewed and redacted certain verbiage within the document(s) included prior to transferring the case to DOAH so that individual student(s) information cannot be identified in accordance with Section 1002.221(1), Fla. Stat. (2018). STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 178-0108 CARMEN B. BROWN RAMIREZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against CARMEN B. BROWN RAMIREZ. 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 1037038, covering the area of Art, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as an Art Teacher at Wahneta Elementary School in the Polk County School District. MATERIAL ALLEGATIONS 3. On or about Respondent inappropriately disciplined fl a BD c:2cc student, when she grabbe by—M shirt in the chest area and escorted to the sink to wash hands. Respondent’s conduct caused a red mark onl chest and e feel sad. CARMEN B. BROWN RAMIREZ 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. 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 \{** dayof Dune _, 2018. (d,,—becorrf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005821PL
Issue Date Proceedings
Feb. 08, 2019 Order Closing File. CASE CLOSED.
Feb. 07, 2019 Petitioner's Notice of Voluntary Dismissal without Prejudice filed.
Jan. 31, 2019 Order Rescheduling Hearing by Video Teleconference (hearing set for March 28, 2019; 9:30 a.m.; Lakeland and Tallahassee, FL).
Jan. 30, 2019 Notice of Availability for Final Hearing filed.
Jan. 24, 2019 Order Granting Continuance (parties to advise status by January 30, 2019).
Jan. 22, 2019 Joint Motion to Continue Final Hearing filed.
Jan. 15, 2019 Amended Notice of Taking Depositions filed.
Jan. 14, 2019 Notice of Taking Depositions filed (confidential information, not available for viewing). 
 Confidential document; not available for viewing.
Nov. 08, 2018 Order of Pre-hearing Instructions.
Nov. 08, 2018 Notice of Hearing by Video Teleconference (hearing set for January 30 and 31, 2019; 9:30 a.m.; Lakeland and Tallahassee, FL).
Nov. 07, 2018 Agreed upon Response to Initial Order filed.
Nov. 06, 2018 Initial Order.
Nov. 05, 2018 Letter from Banden Vicari regarding representation filed.
Nov. 05, 2018 Election of Rights filed.
Nov. 05, 2018 Administrative Complaint filed.
Nov. 05, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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