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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs TRUDY M. BENSON, 20-000320PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000320PL Visitors: 13
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

/


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


  1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

  2. There is competent substantial evidence to support the findings of fact.


    Conclusions of Law


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

  4. 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.
Oct. 20, 2020 Recommended Order (hearing held July 13, 2020). CASE CLOSED.
Oct. 20, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 21, 2020 Petitioner's Proposed Recommended Order filed.
Aug. 21, 2020 Notice of Filing Respondent's Proposed Recommended Order filed.
Aug. 11, 2020 Notice of Filing Transcript.
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.
Jul. 13, 2020 Petitioner's Certified Subpoenas filed filed.
Jul. 07, 2020 Respondent's Response to Petitioner's Notice Regarding Time Needed for Final Hearing filed.
Jul. 07, 2020 Petitioner's Notice Regarding Time Needed for Final Hearing filed.
Jul. 06, 2020 Amended Joint Pre-hearing Stipulation filed.
Jul. 06, 2020 Petitioner's Second Amended Proposed Exhibits filed (exhibits not available for viewing).
Jul. 06, 2020 Joint Pre-hearing Stipulation filed.
Jul. 06, 2020 Amended Respondent's Exhibit List filed.
Jun. 30, 2020 Petitioner's Notice of Taking Remote Deposition (Nathan Levine Cook) filed.
Jun. 30, 2020 Petitioner's Notice of Taking Remote Deposition (Holly Anne White) filed.
Jun. 04, 2020 Notice of Hearing by Zoom Conference (hearing set for July 13 and 14, 2020; 9:30 a.m.; Live Oak).
May 13, 2020 Case Status Report filed.
Apr. 10, 2020 Order Denying Respondent's Motion to Dismiss the Complaint.
Apr. 10, 2020 Order Requiring Status Report.
Apr. 07, 2020 Petitioner's Response to Respondent's Motion to Dismiss Administrative Complaint filed.
Apr. 03, 2020 Respondent?s Motion to Dismiss the Complaint filed.
Mar. 27, 2020 Case Status Report filed.
Mar. 16, 2020 Order Canceling Hearing and Requiring Response (parties to advise status by April 3, 2020).
Mar. 12, 2020 Petitioner's Second Amended Exhibit List filed.
Mar. 12, 2020 Petitioner's Second Amended Witness List filed.
Mar. 11, 2020 Notice of Transfer.
Mar. 06, 2020 (Second) Amended Respondent's Exhibit List filed.
Mar. 05, 2020 Petitioner's Amended Exhibit List filed.
Mar. 05, 2020 Petitioner's Amended Witness List filed.
Mar. 05, 2020 (Amended) Respondent's Exhibit List filed.
Mar. 05, 2020 Amended Respondent's Witness List filed.
Mar. 05, 2020 Respondent's Witness List filed.
Mar. 05, 2020 Respondent's Exhibit List filed.
Mar. 02, 2020 Petitioner's Amended Notice of Taking Deposition (Benson) filed.
Mar. 02, 2020 Petitioner's Notice of Taking Deposition (Benson) filed.
Feb. 28, 2020 Petitioner's Exhibit List filed.
Feb. 28, 2020 Petitioner's Witness List filed.
Feb. 25, 2020 Certificate of Service of Discovery filed.
Feb. 17, 2020 Certificate of Service of Discovery filed.
Feb. 12, 2020 Respondent's Response to Initial Order filed. 
 Confidential document; not available for viewing.
Feb. 11, 2020 Order of Pre-hearing Instructions.
Feb. 11, 2020 Notice of Hearing (hearing set for March 31, 2020; 9:30 a.m.; Live Oak).
Feb. 07, 2020 Response to Initial Order filed.
Feb. 03, 2020 Petitioner's Response to Initial Order filed.
Jan. 23, 2020 Initial Order.
Jan. 23, 2020 Administrative Complaint filed.
Jan. 23, 2020 Finding of Probable Cause filed.
Jan. 23, 2020 Election of Rights filed.
Jan. 23, 2020 Agency referral filed.

Orders for Case No: 20-000320PL
Issue Date Document Summary
Dec. 18, 2020 Agency Final Order
Oct. 20, 2020 Recommended Order Petitioner failed to prove the charged Material Allegations, and therefore the Administrative Complaint should be dismissed.
Source:  Florida - Division of Administrative Hearings

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