Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: TRUDY M. BENSON
Judges: W. DAVID WATKINS
Agency: Department of Education
Locations: Live Oak, Florida
Filed: Jan. 23, 2020
Status: Closed
Recommended Order on Tuesday, October 20, 2020.
Latest Update: Mar. 08, 2025
Summary: The issues to be determined are whether Respondent, Trudy M. Benson, violated section 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rules 6A-10.081(2)(a)1. and/or 6A-10.081(2)(a)5., as charged in the Administrative Complaint; and, if so, what disciplinary penalty should be imposed.Petitioner failed to prove the charged Material Allegations, and therefore the Administrative Complaint should be dismissed.
TempHtml
Before the Education Practices Commission of the State of Florida
RICHARD CORCORAN,
Commissioner of Education, Petitioner,
vs. EPC CASE No. 20-0311-TC
DOAH CASE No. 20-0320PL
TRUDY M. BENSON PPS No. 189-1224 CERTIFICATE No. 868131
Respondent. Index No.: 20-412-FOF
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Final Order
This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on December 10, 2020 in Tallahassee, Florida, for consideration of the Recommended Order entered in this case by W. DAVID WATKINS, Administrative Law Judge.
Respondent was not present and was not represented counsel. Petitioner was represented by Bonnie Wilmot.
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 support the 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 Recommended Order issued by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:
The Administrative Complaint issued against the Respondent is hereby
DISMISSED.
This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.
DONE AND ORDERED, this 18th day of December, 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 Trudy M. Benson, 19378 County Road 250, Live Oak, Florida 32060 by Certified U.S. Mail 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., P.O. Box 770088, Ocala, FL 34477 this 18th day of December, 2020.
COPIES FURNISHED TO:
Office of Professional Practices Services Bureau of Educator Certification Superintendent
Suwannee County Schools 702 Second St., NW
Live Oak, FL 32060-1608
Marilyn Sapp, Personnel Dir. Suwannee County Schools 702 Second St., NW
Live Oak, FL 32060-1608
Timothy Frizzell
Assistant Attorney General
W. David Watkins Administrative Law Judge
Division of Administrative Hearings 1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Claudia Llado, Clerk
Division of Administrative Hearings
Docket for Case No: 20-000320PL
Issue Date |
Proceedings |
Jan. 12, 2021 |
Agency Final Order filed.
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Oct. 20, 2020 |
Recommended Order (hearing held July 13, 2020). CASE CLOSED.
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Oct. 20, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Aug. 21, 2020 |
Petitioner's Proposed Recommended Order filed.
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Aug. 21, 2020 |
Notice of Filing Respondent's Proposed Recommended Order filed.
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Aug. 11, 2020 |
Notice of Filing Transcript.
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Aug. 11, 2020 |
Transcript of Proceedings (Volume I-II; not available for viewing) filed. |
Jul. 13, 2020 |
CASE STATUS: Hearing Held. |
Jul. 13, 2020 |
(Corrected) Respondent's Certified Subpoenas filed.
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Jul. 13, 2020 |
Petitioner's Certified Subpoenas filed filed.
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Jul. 07, 2020 |
Respondent's Response to Petitioner's Notice Regarding Time Needed for Final Hearing filed.
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Jul. 07, 2020 |
Petitioner's Notice Regarding Time Needed for Final Hearing filed.
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Jul. 06, 2020 |
Amended Joint Pre-hearing Stipulation filed.
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Jul. 06, 2020 |
Petitioner's Second Amended Proposed Exhibits filed (exhibits not available for viewing). |
Jul. 06, 2020 |
Joint Pre-hearing Stipulation filed.
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Jul. 06, 2020 |
Amended Respondent's Exhibit List filed.
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Jun. 30, 2020 |
Petitioner's Notice of Taking Remote Deposition (Nathan Levine Cook) filed.
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Jun. 30, 2020 |
Petitioner's Notice of Taking Remote Deposition (Holly Anne White) filed.
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Jun. 04, 2020 |
Notice of Hearing by Zoom Conference (hearing set for July 13 and 14, 2020; 9:30 a.m.; Live Oak).
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May 13, 2020 |
Case Status Report filed.
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Apr. 10, 2020 |
Order Denying Respondent's Motion to Dismiss the Complaint.
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Apr. 10, 2020 |
Order Requiring Status Report.
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Apr. 07, 2020 |
Petitioner's Response to Respondent's Motion to Dismiss Administrative Complaint filed.
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Apr. 03, 2020 |
Respondent?s Motion to Dismiss the Complaint filed.
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Mar. 27, 2020 |
Case Status Report filed.
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Mar. 16, 2020 |
Order Canceling Hearing and Requiring Response (parties to advise status by April 3, 2020).
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Mar. 12, 2020 |
Petitioner's Second Amended Exhibit List filed.
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Mar. 12, 2020 |
Petitioner's Second Amended Witness List filed.
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Mar. 11, 2020 |
Notice of Transfer.
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Mar. 06, 2020 |
(Second) Amended Respondent's Exhibit List filed.
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Mar. 05, 2020 |
Petitioner's Amended Exhibit List filed.
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Mar. 05, 2020 |
Petitioner's Amended Witness List filed.
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Mar. 05, 2020 |
(Amended) Respondent's Exhibit List filed.
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Mar. 05, 2020 |
Amended Respondent's Witness List filed.
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Mar. 05, 2020 |
Respondent's Witness List filed.
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Mar. 05, 2020 |
Respondent's Exhibit List filed.
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Mar. 02, 2020 |
Petitioner's Amended Notice of Taking Deposition (Benson) filed.
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Mar. 02, 2020 |
Petitioner's Notice of Taking Deposition (Benson) filed.
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Feb. 28, 2020 |
Petitioner's Exhibit List filed.
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Feb. 28, 2020 |
Petitioner's Witness List filed.
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Feb. 25, 2020 |
Certificate of Service of Discovery filed.
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Feb. 17, 2020 |
Certificate of Service of Discovery filed.
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Feb. 12, 2020 |
Respondent's Response to Initial Order filed. 
 Confidential document; not available for viewing. |
Feb. 11, 2020 |
Order of Pre-hearing Instructions.
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Feb. 11, 2020 |
Notice of Hearing (hearing set for March 31, 2020; 9:30 a.m.; Live Oak).
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Feb. 07, 2020 |
Response to Initial Order filed.
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Feb. 03, 2020 |
Petitioner's Response to Initial Order filed.
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Jan. 23, 2020 |
Initial Order.
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Jan. 23, 2020 |
Administrative Complaint filed.
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Jan. 23, 2020 |
Finding of Probable Cause filed.
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Jan. 23, 2020 |
Election of Rights filed.
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Jan. 23, 2020 |
Agency referral filed.
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Orders for Case No: 20-000320PL
Issue Date |
Document |
Summary |
Dec. 18, 2020 |
Agency Final Order
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Oct. 20, 2020 |
Recommended Order
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Petitioner failed to prove the charged Material Allegations, and therefore the Administrative Complaint should be dismissed.
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