Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: KIMBERLLY VICARS
Judges: ROBERT J. TELFER III
Agency: Department of Education
Locations: Deland, Florida
Filed: Sep. 25, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 27, 2020.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
RICHARD CORCORAN, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 178-2605
KIMBERLY J. VICARS,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative
Complaint against KIMBERLY J. VICARS. 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 1196249, covering the area of
English, which is valid through June 30, 2020.
2. At all times pertinent hereto, the Respondent was employed as a Language Arts
Teacher at David Hinson Middle School in the Volusia County School District.
MATERIAL ALLEGATIONS
3, On or about March 30, 2018, Respondent entered a business with the intent to
temporarily and/or permanently deprive the business of several merchandise items and convert
those items for her own use. She was subsequently arrested on March 30, 2018 and charged with
grand theft. On or about September 12, 2018, she pled nolo contendere to grand theft and
adjudication was withheld.
4. On or about April 6, 2018, Respondent entered a business with the intent to
temporarily and/or permanently deprive the business of several merchandise items and convert
FRRB
KIMBERLY J. VICARS
Administrative Complaint
Page 2 of 2
those items for her own use. When she was subsequently arrested on April 6, 2018, she was found
to be in possession of twenty-nine (29) hydrocodone pills. She was charged with grand theft and
trafficking in hydrocodone. On or about September 12, 2018, she pled nolo contendere to grand
theft and adjudication was withheld.
5. Respondent’s above noted conduct amounted to gross immorality.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
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 3" day of July , 2019.
VAL
RICHARD CORCORAN, as
Commissioner of Education
State of Florida
FEBS
Docket for Case No: 19-005136PL
Issue Date |
Proceedings |
Feb. 27, 2020 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 26, 2020 |
Amended Unopposed Motion to Close File filed.
|
Feb. 26, 2020 |
Unopposed Motion to Close File filed.
|
Feb. 19, 2020 |
Amended Notice of Hearing (hearing set for March 12 and 13, 2020; 9:00 a.m.; Deland; amended as to Designation of Venue).
|
Jan. 27, 2020 |
Respondent's Response to Petitioner's Second Set of Interrogatories filed.
|
Jan. 17, 2020 |
Petitioner's Amended Witness List filed.
|
Jan. 13, 2020 |
Petitioner's Notice of Taking Deposition (expert) filed.
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Jan. 13, 2020 |
Petitioner's Notice of Taking Depositions (Vetter, Billar) filed.
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Jan. 13, 2020 |
Petitioner's Amended Second Notice of Taking Depositions filed.
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Jan. 10, 2020 |
Respondent's Amended Response to Petitioner's Interrogatories Pursuant to Judges Order on Petitioner's Motion to Compel filed.
|
Dec. 18, 2019 |
Order on Petitioner's Requests for Official Recognition.
|
Dec. 17, 2019 |
Petitioner's Notice of Service of Petitioner's Second Set of Interrogatories to Respondent filed.
|
Dec. 17, 2019 |
Petitioner's Second Notice of Taking Depositions filed.
|
Dec. 12, 2019 |
Order Granting Continuance and Rescheduling Hearing (hearing set for March 12 and 13, 2020; 9:00 a.m.; Deland).
|
Dec. 11, 2019 |
Petitioner's Unopposed Motion to Continue Final Hearing filed.
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Dec. 06, 2019 |
Petitioner's Amended Notice of Taking Depositions filed.
|
Dec. 06, 2019 |
Respondent's Response to Petitioner's First Request for Production Pursuant to Judges Order on Petitioner's Motion to Compel filed.
|
Dec. 06, 2019 |
Respondent's Response to Petitioner's Interrogatories Pursuant to Judges Order on Petitioner's Motion to Compel filed.
|
Dec. 06, 2019 |
Respondent's Response to Petitioner's First Request for Admissions Pursuant to Judges Order on Petitioner's Motion to Compel filed.
|
Dec. 03, 2019 |
Petitioner's Notice of Taking Depositions filed.
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Nov. 27, 2019 |
Respondent's courtesy copy of Response to Petitioner's Motion to Compel with attachments filed.
|
Nov. 27, 2019 |
Order on Petitioner's Motion to Compel.
|
Nov. 26, 2019 |
Amended Order of Pre-hearing Instructions.
|
Nov. 26, 2019 |
Notice of Taking Depositions filed.
|
Nov. 26, 2019 |
CASE STATUS: Motion Hearing Held. |
Nov. 22, 2019 |
Notice of Telephonic Motion Hearing (motion hearing set for November 26, 2019; 10:00 a.m.).
|
Nov. 20, 2019 |
Petitioner's Request for Pre-Hearing Conference and Oral Argument on Petitioner's Motion to Compel and Respondent's Response filed.
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Nov. 19, 2019 |
Respondent's Response to Petitioner's Motion to Compel Discovery filed.
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Nov. 12, 2019 |
Petitioner's Motion to Compel Discovery filed.
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Nov. 12, 2019 |
Petitioner's Motion to Compel Discovery filed.
|
Nov. 06, 2019 |
Amended Administrative Complaint filed.
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Nov. 05, 2019 |
(Certificate of Service) Respondent's Notice of Service to Objections to Petitioner's First Request for Admissions filed.
|
Nov. 05, 2019 |
(Certificate of Service) Respondent's Notice of Service of Response to Petitioner's First Request for Production of Documents filed.
|
Nov. 05, 2019 |
Respondent's Notice of Service of Answers to Petitioner's First Set of Interrogatories filed.
|
Oct. 29, 2019 |
Order Granting Continuance and Rescheduling Hearing (hearing set for January 14, 2020; 9:00 a.m.; Deland, FL).
|
Oct. 29, 2019 |
Order Granting Leave to Amend.
|
Oct. 25, 2019 |
Unopposed Motion to Continue filed.
|
Oct. 25, 2019 |
Notice of Appearance (Kimberly LaSure) filed.
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Oct. 25, 2019 |
Petitioner's Exhibit List filed.
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Oct. 21, 2019 |
Petitioner's Motion for Leave to Amend Administrative Complaint filed.
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Oct. 08, 2019 |
Petitioner's Witness List filed.
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Oct. 08, 2019 |
Petitioner's Second Request for Official Recognition filed.
|
Oct. 08, 2019 |
Petitioner's Request for Official Recognition filed.
|
Oct. 07, 2019 |
Notice of Taking Deposition (Vicars) filed.
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Oct. 01, 2019 |
Notice of Hearing (hearing set for November 15, 2019; 9:00 a.m.; Deland, FL).
|
Oct. 01, 2019 |
Order of Pre-hearing Instructions.
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Sep. 30, 2019 |
Certificate of Service of Discovery filed.
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Sep. 30, 2019 |
Agreed Upon Response to Initial Order filed.
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Sep. 25, 2019 |
Initial Order.
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Sep. 25, 2019 |
Administrative Complaint filed.
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Sep. 25, 2019 |
Election of Rights filed.
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Sep. 25, 2019 |
Agency referral filed.
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