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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs MARISEL FRAU VEGA, 20-000182PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000182PL Visitors: 5
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: MARISEL FRAU VEGA
Judges: ROBERT S. COHEN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 17, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 12, 2020.

Latest Update: May 11, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-0675 MARISEL FRAU VEGA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against MARISEL FRAU VEGA. 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 720820, covering the areas of English, English for Speakers of Other Languages (ESOL), Reading, Social Science and Business Education, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as an ESOL Teacher at Ronald W. Reagan Doral Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about November 16, 2016, Respondent addressed her high school English for Speakers of Other Languages (ESOL) class in a disparaging manner when she told students that they were useless and that, “we don’t need more stupid immigrants in this country and it doesn’t matter if immigrants are deported,” or words to that effect. Additionally, Respondent banged on student desks and used profanity. MARISEL FRAU VEGA Administrative Complaint Page 2 of 3 4. On or about March 8, 2018, Respondent exposed I a ade student, to embarrassment and disparagement in front of Bbecrs when Respondent called stupid and saidfJ should go back tojjjicountry. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(h), Florida Statutes, in that Respondent has breached a contract, as provided in s. 1012.33(2). 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) MARISEL FRAU VEGA 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 \g® day of April , 2019. LM RICHARD CORCORAN, as Commissioner of Education State of Florida

Docket for Case No: 20-000182PL
Issue Date Proceedings
Dec. 07, 2020 Order Denying Motion to Reopen Case and Reassume Jurisdiction.
Dec. 07, 2020 Petitioner's Response to Order to Show Cause filed.
Dec. 04, 2020 Petitioner's Response to Respondent's Motion to Reopen Case filed.
Dec. 04, 2020 Order to Show Cause.
Dec. 03, 2020 Stipulation for Substitution of Counsel filed.
Dec. 03, 2020 Motion to Reopen Case and Reassume Jurisdiction filed.
Dec. 03, 2020 Notice of Substitution of Counsel (Teri Valdes) filed.
Nov. 18, 2020 Transmittal letter from Loretta Sloan forwarding Petitioner's Proposed Exhibits to Petitioner.
Nov. 18, 2020 Transmittal letter from Loretta Sloan transmitting Respondent's Proposed Exhibits to Respondent.
Nov. 12, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 12, 2020 CASE STATUS: Hearing Held.
Nov. 05, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 03, 2020 Joint Prehearing Stipulation filed.
Nov. 02, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 30, 2020 Petitioner's Notice of Filing of Proposed Exhibits filed.
Oct. 01, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for November 12, 2020; 9:00 a.m., Eastern Time; Miami; amended as to Zoom conference).
Oct. 01, 2020 Order Granting Joint Motion for Zoom Formal Hearing.
Sep. 30, 2020 Joint Motion for Zoom Formal Hearing filed.
Aug. 20, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for November 12, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Aug. 19, 2020 Parties Joint Status Report filed.
Aug. 14, 2020 Order Granting Continuance (parties to advise status by August 20, 2020).
Aug. 12, 2020 Joint Motion to Continue and Reschedule Hearing filed.
Aug. 12, 2020 Joint Stipulation for Substitution of Counsel filed.
Aug. 12, 2020 Notice of Appearance (Mark Herdman) filed.
Jun. 24, 2020 Notice of Filing and of Service filed.
Jun. 10, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for September 22, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 04, 2020 Parties Amended Joint Status Report filed.
Jun. 02, 2020 Parties Joint Status Report filed.
May 04, 2020 Order Granting Motion to Amend Administrative Complaint
Apr. 30, 2020 Petitioner's Unopposed Motion to Amend Administrative Complaint filed.
Apr. 27, 2020 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Apr. 16, 2020 Order Granting Extension of Time.
Apr. 09, 2020 Joint Motion to Extend Status Report filed.
Mar. 18, 2020 Order Granting Continuance (parties to advise status by May 1, 2020).
Mar. 17, 2020 Joint Request for Status Conference Before Final Hearing filed.
Jan. 29, 2020 Order of Pre-hearing Instructions.
Jan. 29, 2020 Notice of Hearing by Video Teleconference (hearing set for April 6, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Jan. 29, 2020 Joint Response to Initial Order filed.
Jan. 17, 2020 Initial Order.
Jan. 17, 2020 Administrative Complaint filed.
Jan. 17, 2020 Finding of Probable Cause filed.
Jan. 17, 2020 Election of Rights filed.
Jan. 17, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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