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PAM STEWART, AS COMMISSIONER OF EDUCATION vs TERRY DARMODY, 18-006693PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-006693PL Visitors: 4
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TERRY DARMODY
Judges: F. SCOTT BOYD
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 Monday, February 18, 2019.

Latest Update: Dec. 31, 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. 167-2409 TERRY TINGEN DARMODY, Respondent. / PLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against TERRY TINGEN DARMODY. 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 814207, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Prekindergarten/Primary Education and Varying Exceptionalities, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as eRe, Teacher at Tradewinds Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3: During the school year, Respondent was physically abusive toward feds! affvear old Respondent picked up or was carrying and dropped i=. from a height of approximately 2 feet onto the floor of the classroom and again onto a sidewalk. Respondent intentionally stepped on [fs ankle when Hivas seated on the floor. TERRY TINGEN DARMODY Administrative Complaint Page 2 of 3 4. On or about Respondent carried WEBB sideways on her hip through the halls of the school. Upon reaching the front security desk, Respondent intentionally dropped [J to the floor and announced, “I’m done with | or words to that effect. The Petitioner charges: . STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(), 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. (SIGNATURE ON FOLLOWING PAGE) TERRY TINGEN DARMODY 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 204 _ day of sbeplonben.. 2017. Le, Lecarf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-006693PL
Issue Date Proceedings
Feb. 18, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 30, 2019 Order to Show Cause.
Jan. 29, 2019 Petitioner's Motion to Relinquish Jurisdiction to EPC (no disputed facts) Motion to Continue filed.
Jan. 02, 2019 Order of Pre-hearing Instructions.
Jan. 02, 2019 Notice of Hearing by Video Teleconference (hearing set for February 27, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Dec. 28, 2018 Notice of Transfer.
Dec. 27, 2018 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Dec. 27, 2018 Notice of Service of Petitioner's Request for Production to Respondent filed.
Dec. 27, 2018 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Dec. 27, 2018 Joint Response to Initial Order filed.
Dec. 20, 2018 Initial Order.
Dec. 20, 2018 Election of Rights filed.
Dec. 20, 2018 Administrative Complaint filed.
Dec. 20, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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