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
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 harmful to learning, mental and physical health, or safety.
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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
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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
The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.
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.
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May 14, 2020 |
Notice of Substitution of Counsel (Thomas Johnson) filed.
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Mar. 26, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Mar. 26, 2020 |
Recommended Order (hearing held January 27, 2020). CASE CLOSED.
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Mar. 09, 2020 |
Petitioner's Proposed Recommended Order filed.
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Feb. 26, 2020 |
Notice of Filing Transcript.
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Feb. 26, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Feb. 25, 2020 |
Respondent's Proposed Recommended Order filed.
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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 ).
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Jan. 24, 2020 |
Respondent's Amended Exhibit List filed.
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Jan. 24, 2020 |
Order Denying Continuance of Final Hearing.
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Jan. 23, 2020 |
Return of Service (Dep. Soto) filed.
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Jan. 23, 2020 |
Respondent's Supplemental Motion for Continuance of Hearing filed.
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Jan. 22, 2020 |
CASE STATUS: Pre-Hearing Conference Held. |
Jan. 22, 2020 |
Respondent's Motion for Continuance of Hearing filed.
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Jan. 21, 2020 |
Notice of Scheduling Court Reporter filed.
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Jan. 17, 2020 |
Petitioner's Second Amended Exhibit List filed.
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Jan. 17, 2020 |
Petitioner's Second Amended Witness List filed.
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Jan. 17, 2020 |
(Amended) Petitioner's Exhibit List filed.
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Jan. 17, 2020 |
Petitioner's Amended Witness List filed.
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Jan. 15, 2020 |
Joint Pre-Hearing Stipulation filed.
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Jan. 14, 2020 |
Subpoena Ad Testificandum filed.
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Jan. 14, 2020 |
Respondent's Exhibit List filed.
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Jan. 14, 2020 |
Respondent's Witness List filed.
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Jan. 13, 2020 |
Petitioners' Exhibit List filed.
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Jan. 08, 2020 |
Petitioner's Witness List filed.
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Nov. 06, 2019 |
Order of Pre-hearing Instructions.
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Nov. 06, 2019 |
Notice of Hearing (hearing set for January 27, 2020; 9:00 a.m.; Naples).
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Nov. 06, 2019 |
Notice of Service of Respondent's Interrogatories to Petitioner filed.
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Nov. 06, 2019 |
Respondent's Request for Production of Documents filed.
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Nov. 05, 2019 |
Agreed Upon Response to Initial Order filed.
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Nov. 05, 2019 |
Initial Order.
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Nov. 04, 2019 |
Administrative Complaint filed.
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Nov. 04, 2019 |
Respondent's Answer to Administrative Complaint filed.
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Nov. 04, 2019 |
Election of Rights filed.
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Nov. 04, 2019 |
Agency referral filed.
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Orders for Case No: 19-005851PL
Issue Date |
Document |
Summary |
Jun. 02, 2020 |
Agency Final Order
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Mar. 26, 2020 |
Recommended Order
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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.
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