Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: OLIVE BRYAN
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Nov. 27, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 29, 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. 167-2347
OLIVE MARCIA BRYAN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against OLIVE MARCIA BRYAN. 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 992333, covering the area of
Mathematics, which is valid through June 30, 2020.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Alexander W. Dreyfoos Jr. School of the Arts in the Palm Beach County School
District.
MATERIAL ALLEGATIONS
3. During the school year, Respondent used her position for personal
gain when she asked student a ear old Pad to work on a website for her personal
business during school and instructional hours. Respondent’s inappropriate conduct included:
a. Sending text messages during the school day,
OLIVE MARCIA BRYAN
Administrative Complaint
Page 2 of 3
b. Requesting i: presence in her class wherf] should have been attending other
classes,
c. Asking i. work on her website whileffvas in other classes, and
a. Messaging Mill ate at night (after midnight).
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)8, Florida Administrative Code, in that Respondent has exploited a relationship with
a student for personal gain or advantage.
(SIGNATURE ON FOLLOWING PAGE)
OLIVE MARCIA BRYAN
Administrative Complaint
Page 3 of 3
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 Zisth, day of July , 2017.
()
/
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 18-006266PL
Issue Date |
Proceedings |
Apr. 05, 2019 |
Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to Petitioner.
|
Mar. 29, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 28, 2019 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Mar. 28, 2019 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for April 11, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Mar. 27, 2019 |
Petitioner's Motion to Cancel Hearing filed.
|
Mar. 26, 2019 |
Letter from Valentina Suarez Regarding Subpoena filed.
|
Mar. 22, 2019 |
Notice of Scheduling Court Reporter filed.
|
Mar. 21, 2019 |
Respondent's Notice to ALJ Regarding the Joint Stipulation as Filed filed.
|
Mar. 20, 2019 |
Petitioner's Notice of Filing Replacement of Proposed Exhibit Number 4 filed.
|
Mar. 20, 2019 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Mar. 20, 2019 |
Joint Prehearing Stipulation filed.
|
Mar. 19, 2019 |
Petitioner's Notice of Filing of Proposed Exhibits filed.
|
Jan. 04, 2019 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for March 29, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Jan. 04, 2019 |
Joint Motion to Continue Hearing filed.
|
Jan. 02, 2019 |
Order Granting Motion to Amend Administrative Complaint
|
Dec. 17, 2018 |
Petitioner's Motion to Amend Administrative Complaint filed.
|
Dec. 04, 2018 |
Order of Pre-hearing Instructions.
|
Dec. 04, 2018 |
Notice of Hearing by Video Teleconference (hearing set for January 28, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Dec. 04, 2018 |
Joint Response to Initial Order filed.
|
Nov. 27, 2018 |
Initial Order.
|
Nov. 27, 2018 |
Notice of Appearance (Nicholas Caggia).
|
Nov. 27, 2018 |
Election of Rights filed.
|
Nov. 27, 2018 |
Administrative Complaint filed.
|
Nov. 27, 2018 |
Agency referral filed.
|