Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEVEN RUBIN
Judges: DARREN A. SCHWARTZ
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Dec. 20, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 18, 2019.
Latest Update: Oct. 06, 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. 156-3463
STEVEN MICHAEL RUBIN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against STEVEN MICHAEL RUBIN. 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 265553, covering the areas
of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid
through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as a Physical
Education Teacher at James Hunt Elementary School in the Broward County School District.
MATERIAL ALLEGATIONS
3. On or about (aaa Respondent grabbed io I a Bh ycar old WB erade ae
student, by the throat, Respondent partially obstructed [breathing and left a small scratch or
cut at the base of Mis neck. [II began to cry as a result of Respondent’s actions. This occurred
on school campus and was witnessed by students who saw Respondent’s hand on [fs throat.
Respondent made [J feel embarrassed and disparaged.
STEVEN MICHAEL RUBIN
Administrative Complaint
Page 2 of 2
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)G), 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 BULA day of _“Zy) dy. ,2017.
PAM STEWART, as
Commissioner of Education
. State of Florida
Docket for Case No: 18-006692PL
Issue Date |
Proceedings |
Apr. 22, 2019 |
Transmittal letter from Claudia Llado Petitioner's Proposed Exhibits to Petitioner records.
|
Apr. 18, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 18, 2019 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Apr. 16, 2019 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Apr. 15, 2019 |
Petitioner's Notice of Filing of Proposed Exhibits filed.
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Apr. 15, 2019 |
Joint Prehearing Stipulation filed.
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Apr. 15, 2019 |
Amended Witness List filed.
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Apr. 10, 2019 |
Witness List filed by Respondent.
|
Apr. 10, 2019 |
Exhibit List filed by Respondent.
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Mar. 13, 2019 |
Notice of Taking Depositions filed.
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Feb. 12, 2019 |
Order Granting Continuance and Rescheduling Hearing (hearing set for April 23, 2019; 9:00 a.m.; Lauderdale Lakes, FL).
|
Feb. 11, 2019 |
Agreed Motion to Reset Hearing filed.
|
Feb. 08, 2019 |
Order Granting Continuance and Rescheduling Hearing (hearing set for April 18, 2019; 9:00 a.m.; Lauderdale Lakes, FL).
|
Feb. 07, 2019 |
Agreed Motion to Continue Hearing filed.
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Jan. 28, 2019 |
Notice of Serving Answers to Petitioner's First Set of Interrogatories to Respondent filed.
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Jan. 28, 2019 |
Respondent's Response to Petitioner's Request for Production filed.
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Jan. 28, 2019 |
Respondent's Response to Petitioner's Request for Admissions filed.
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Jan. 10, 2019 |
Order of Pre-hearing Instructions.
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Jan. 10, 2019 |
Notice of Hearing (hearing set for February 26, 2019; 9:00 a.m.; Lauderdale Lakes, FL).
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Jan. 02, 2019 |
Notice of Transfer.
|
Dec. 27, 2018 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
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Dec. 27, 2018 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
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Dec. 27, 2018 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
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Dec. 26, 2018 |
Joint Response to Initial Order filed.
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Dec. 20, 2018 |
Initial Order.
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Dec. 20, 2018 |
Election of Rights filed.
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Dec. 20, 2018 |
Administrative Complaint filed.
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Dec. 20, 2018 |
Agency referral filed.
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