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PAM STEWART, AS COMMISSIONER OF EDUCATION vs OLIVE BRYAN, 18-006266PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-006266PL Visitors: 6
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.
Source:  Florida - Division of Administrative Hearings

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