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