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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs CARMEN KOMNINOS, 19-005851PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005851PL Visitors: 15
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: CARMEN KOMNINOS
Judges: ANDREW D. MANKO
Agency: Department of Education
Locations: Naples, Florida
Filed: Nov. 04, 2019
Status: Closed
Recommended Order on Thursday, March 26, 2020.

Latest Update: Mar. 26, 2020
Summary: The issues to be determined are whether the Florida educator’s certificate of Respondent, Carmen Komninos, is subject to discipline for violating section 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rule 6A- 10.081(2)(a)1, as alleged in the Administrative Complaint, and, if so, the appropriate penalty therefor.Commissioner did not prove that teacher forcefully grabbed two students by the arms or failed to make reasonable efforts to protect the students from conditions harmfu
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Before the Education Practices Commission of the State of Florida

RICHARD CORCORAN as the

Commissioner of Education, Petitioner,

vs. EPC CASE No. 19-0281-RT

DOAH CASE No. 19-5851-PL

CARMEN ALICIA KOMNINOS, PPS m 178-2834 CERTIFICATE No. 985529

Respondent. INDEX No. 20-168-FOF

/


Final Order

This matter was heard by a Teacher Hearing Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on May 20, 2020, via telephonic hearing in Tallahassee, Florida, for consideration of the Recommended Order (RO) entered in this case by ANDREW D. MANKO, Administrative Law Judge. Respondent was present and represented by counsel. Petitioner was represented by Ron Weaver, Esq.

Findings of Fact


1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference. There is competent substantial evidence to


Filed June 4, 2020 12:19 PM Division of Administrative Hearings


support these findings of fact.


Conclusions of Law


  1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty


Upon a complete review of the record in this case, the Commission determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:

The Administrative Complaint is hereby dismissed.


This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.


DONE AND ORDERED, this 2nd day of June, 2020.


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE


OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of the foregoing Order was mailed to: Carmen Alicia Komninos, 3461 3rd Avenue Northwest, Naples, FL 34120 and Thomas Johnson, Esq., 510 Vonderburg Dr., Suite 510, Brandon, FL 22511 and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esq., Post Office Box 770088, Ocala, FL 34477 this 2nd day of June, 2020.



COPIES FURNISHED TO:


Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Collier County Schools 5775 Osceola Trail

Naples, FL 34109-0919


Certification Specialist Division of Human Resources Collier County Schools

5775 Osceola Trail

Naples, FL 34109-0919


Timothy Frizzell

Assistant Attorney General


ANDREW D. MANKO

Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Claudia Llado, Clerk

Division of Administrative Hearing


Docket for Case No: 19-005851PL
Issue Date Proceedings
Jun. 04, 2020 Agency Final Order filed.
May 14, 2020 Notice of Substitution of Counsel (Thomas Johnson) filed.
Mar. 26, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 26, 2020 Recommended Order (hearing held January 27, 2020). CASE CLOSED.
Mar. 09, 2020 Petitioner's Proposed Recommended Order filed.
Feb. 26, 2020 Notice of Filing Transcript.
Feb. 26, 2020 Transcript of Proceedings (not available for viewing) filed.
Feb. 25, 2020 Respondent's Proposed Recommended Order filed.
Jan. 27, 2020 CASE STATUS: Hearing Held.
Jan. 24, 2020 Amended Notice of Hearing (hearing set for January 27, 2020; 9:00 a.m.; Naples; amended as to Location ).
Jan. 24, 2020 Respondent's Amended Exhibit List filed.
Jan. 24, 2020 Order Denying Continuance of Final Hearing.
Jan. 23, 2020 Return of Service (Dep. Soto) filed.
Jan. 23, 2020 Respondent's Supplemental Motion for Continuance of Hearing filed.
Jan. 22, 2020 CASE STATUS: Pre-Hearing Conference Held.
Jan. 22, 2020 Respondent's Motion for Continuance of Hearing filed.
Jan. 21, 2020 Notice of Scheduling Court Reporter filed.
Jan. 17, 2020 Petitioner's Second Amended Exhibit List filed.
Jan. 17, 2020 Petitioner's Second Amended Witness List filed.
Jan. 17, 2020 (Amended) Petitioner's Exhibit List filed.
Jan. 17, 2020 Petitioner's Amended Witness List filed.
Jan. 15, 2020 Joint Pre-Hearing Stipulation filed.
Jan. 14, 2020 Subpoena Ad Testificandum filed.
Jan. 14, 2020 Respondent's Exhibit List filed.
Jan. 14, 2020 Respondent's Witness List filed.
Jan. 13, 2020 Petitioners' Exhibit List filed.
Jan. 08, 2020 Petitioner's Witness List filed.
Nov. 06, 2019 Order of Pre-hearing Instructions.
Nov. 06, 2019 Notice of Hearing (hearing set for January 27, 2020; 9:00 a.m.; Naples).
Nov. 06, 2019 Notice of Service of Respondent's Interrogatories to Petitioner filed.
Nov. 06, 2019 Respondent's Request for Production of Documents filed.
Nov. 05, 2019 Agreed Upon Response to Initial Order filed.
Nov. 05, 2019 Initial Order.
Nov. 04, 2019 Administrative Complaint filed.
Nov. 04, 2019 Respondent's Answer to Administrative Complaint filed.
Nov. 04, 2019 Election of Rights filed.
Nov. 04, 2019 Agency referral filed.

Orders for Case No: 19-005851PL
Issue Date Document Summary
Jun. 02, 2020 Agency Final Order
Mar. 26, 2020 Recommended Order Commissioner did not prove that teacher forcefully grabbed two students by the arms or failed to make reasonable efforts to protect the students from conditions harmful to learning, mental and physical health, or safety.
Source:  Florida - Division of Administrative Hearings

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