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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs NIKKI WARRIS, 20-000664PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000664PL Visitors: 210
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: NIKKI WARRIS
Judges: BRITTANY O. FINKBEINER
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Feb. 07, 2020
Status: Closed
Recommended Order on Friday, January 15, 2021.

Latest Update: Jun. 04, 2024
Summary: The issue to be determined in this case is whether Respondent violated section 1012.795(1)(f), (g), and (j), Florida Statutes, and Florida Administrative Code Rules 6A-10.081(2)(a)1., 5., and 8., and, 6A- 10.081(2)(b)1., and 3., as alleged in the Amended Administrative Complaint. If it is found that Respondent has committed any of the statute or rule violations alleged, the penalty that should be imposed must also be determined.Petitioner failed to prove the allegations in the Amended Administra
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Before the Education Practices Commission of the State of Florida


RICHARD CORCORAN,

Commissioner of Education, Petitioner,

vs. EPC CASE No. 21-0025-RT

Index No. 21-097-FOF DOAH CASE No. 20-0664PL

NIKKI WARRIS, PPS No. 178-2489 CERTIFICATE No. 1294936

Respondent.

/


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 April 9, 2021 in Tallahassee, Florida, via video conference, for consideration of the Recommended Order entered in this case by BRITTANY O. FINKBEINER, Administrative Law Judge. Respondent was not present and was represented by Mark

S. Wilensky, Esquire, who also was not present at the hearing. Petitioner was represented by Robert Ehrhardt, Esquire and Charles Whitelock, Esquire.

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 Amended 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 12th day of April, 2021.


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 Nikki Warris, 401 Southwest 12 Avenue, Boca Raton, FL 33486 and Mark S. Wilensky, Esquire, 1200 Corporate Center Way, Suite 200, Wellington, FL 33414-8594 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 Charles T. Whitelock, Esquire, 300 Southeast 13th Street, Fort Lauderdale, FL 33316 this 12th day of April, 2021.


COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification Superintendent


Palm Beach County Schools

3300 Forest Hill Blvd., Room C316 West Palm Beach, FL 33406-5869


Chief Personnel Officer Palm Beach County Schools 3300 Forest Hill Boulevard, Room A-152

West Palm Beach, FL 33406-5870


Timothy Frizzell

Assistant Attorney General


Brittany O. Finkbeiner Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Loretta Sloan, Clerk

Division of Administrative Hearings


Docket for Case No: 20-000664PL
Issue Date Proceedings
Apr. 30, 2021 Agency Final Order filed.
Jan. 15, 2021 Recommended Order (hearing held October 27 and 28, 2020). CASE CLOSED.
Jan. 15, 2021 Amended Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 15, 2021 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 22, 2020 (Respondent's) Proposed Recommended Order filed.
Dec. 21, 2020 Petitioner's Proposed Recommended Order filed.
Dec. 15, 2020 Order Granting Extension of Time.
Dec. 14, 2020 Emergency Unopposed Motion to Extend Time to File Proposed Recommended Order (2nd page) filed.
Dec. 14, 2020 Emergency Unopposed Motion to Extend Time to File Proposed Recommended Order filed.
Nov. 12, 2020 Notice of Filing Transcript.
Nov. 12, 2020 Transcript of Proceedings (not available for viewing) filed.
Oct. 27, 2020 CASE STATUS: Hearing Held.
Oct. 26, 2020 Notice of Transfer.
Oct. 23, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 22, 2020 Joint Prehearing Stipulation filed.
Oct. 22, 2020 Respondent's Notice of Filing Proposed Exhibits filed.
Oct. 22, 2020 Respondent's Supplemental Exhibit List filed.
Oct. 21, 2020 Respondent's Schedule of Objections filed.
Oct. 19, 2020 Respondents Amended Exhibit List filed.
Oct. 19, 2020 Respondent's Amended Exhibit List filed.
Oct. 19, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 19, 2020 Respondent's Witness List filed.
Oct. 19, 2020 Respondent's Exhibit List filed.
Oct. 15, 2020 Petitioner's Notice of Filing of Proposed Exhibits filed.
Oct. 15, 2020 Notice of Serving Copies of Production filed.
Sep. 24, 2020 Amended Notice of Taking Depositions filed.
Sep. 22, 2020 (Amended) Notice of Taking Depositions filed.
Jul. 20, 2020 Order Rescheduling Hearing by Zoom Conference (hearing set for October 27 and 28, 2020; 9:00 a.m.; West Palm Beach).
Jul. 20, 2020 Agreed Response to Order and Report to Court filed.
Jul. 15, 2020 Agreed Response to Order and Report to Court filed.
Jun. 19, 2020 Respondent's Response to Petitioner's Request for Admissions filed.
Jun. 09, 2020 Order Granting Motion to Extend Time to Respond to Discovery.
Jun. 09, 2020 Unopposed Motion to Extend Time to Respond to Discovery filed.
May 19, 2020 Petitioner's Responses to Respondent's Request for Admissions filed.
May 14, 2020 Notice of Provision of Documents filed.
May 13, 2020 Order Granting Unopposed Motion to Amend the Administrative Complaint.
May 11, 2020 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
May 11, 2020 Unopposed Motion to Amend the Administrative Complaint filed.
Apr. 24, 2020 Respondent's Request for Admissions filed.
Apr. 20, 2020 Notice of Service of Petitioner's Revised Interrogatory Answers to Respondent's February 28, 2020 Interrogatories filed.
Apr. 07, 2020 Order Denying Motion to Compel Better Answers to Interrogatories Served Over Certificate of February 28, 2020.
Apr. 06, 2020 Petitioner's Response to Respondent's Motion to Compel Better Answers to Interrogatories Served Over Certificate of February 28, 2020 filed.
Mar. 30, 2020 Motion to Compel Better Answers to Interrogatories Served Over Certificate of February 28, 2020 filed.
Mar. 18, 2020 Order Granting Continuance (parties to advise status by July 15, 2020).
Mar. 18, 2020 Joint Motion to Continue Hearing filed.
Feb. 28, 2020 Notice of Service of First Set of Interrogatories to Petitioner filed.
Feb. 25, 2020 Notice of Service of First Set of Interrogatories to Petitioner filed.
Feb. 21, 2020 Respondent's Notice of Serving Request to Produce filed.
Feb. 21, 2020 Notice of Production from Non-Party filed.
Feb. 14, 2020 Order of Pre-hearing Instructions.
Feb. 14, 2020 Notice of Hearing by Video Teleconference (hearing set for April 16 and 17, 2020; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Feb. 13, 2020 Joint Response to Initial Order filed.
Feb. 07, 2020 Initial Order.
Feb. 07, 2020 Notice of Appearance (Mark Wilensky).
Feb. 07, 2020 Administrative Complaint filed.
Feb. 07, 2020 Finding of Probable Cause filed.
Feb. 07, 2020 Election of Rights filed.
Feb. 07, 2020 Agency referral filed.
Respondents Amended Exhibit List filed.

Orders for Case No: 20-000664PL
Issue Date Document Summary
Apr. 12, 2021 Agency Final Order
Jan. 15, 2021 Recommended Order Petitioner failed to prove the allegations in the Amended Administrative Complaint by clear and convincing evidence.
Source:  Florida - Division of Administrative Hearings

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