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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs CECILIA MARIA ZUMETA, 21-000183PL (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000183PL Visitors: 11
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: CECILIA MARIA ZUMETA
Judges: ROBERT S. COHEN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 19, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 12, 2021.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 189-0898 CECILIA MARIA ZUMETA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against CECILIA MARIA ZUMETA. 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 1060410, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and World Language- Spanish, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Laura C. Saunders Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS On or about March 12, 2019, Respondent inappropriately disciplined ma. all 3 year-old [J student, by punching the student inf back and pinching [J arm, after the student accidentally stepped on Respondent’s foot. AC-2 CECILIA MARIA ZUMETA Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. 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. 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 onthis_5** _dayof September 2019. 4 ) f. MhMli-~— RICHARD CORCORAN, as Commissioner of Education State of Florida AC-3 April 26, 2019 Florida Education Association FEA LEGAL SERVICES 1516 East Hillcrest Street Suite 109 Orlando, FL 32803 Tel: 407-893-3373 Fax: 407-893-3369 www.feaweb.org Fedrick C. Ingram President Andrew Spar Vice President Carole M. Gauronskas Secretary- Treasurer Affiliated with NEA, AFT, AFL-CIO VIA ELECTRONIC MAIL Randy Kosec, Bureau Chief Professional Practices Services 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 Re: — Cecilia Maria Zumeta — Case No. 189-0898 Dear Mr. Kosec: Please be advised that I will be representing Ms. Zumeta in the above-referenced PPS investigation. Please direct all further correspondence and/or contact to my attention. This is also to request that a copy of the Department’s investigative materials, including any video surveillance recordings, be provided as soon as possible. Additionally, this request is intended to solicit any and all witness statements; statements identifying witnesses or potential witnesses; letters; investigator interview notes; statements of students, administrators, co-workers, colleagues or parents (whether written by the person or transcribed by another); and all documents, records, and/or other materials received or obtained in the course of the Department’s investigation or inquiry into this matter, including audio recordings, surveillance recordings and cell phone videos. Should additional materials as described above be provided to the Department after the informal conference, please accept this notice as my request that the Department supplement its response by providing such materials to me. Thank you in advance for your cooperation in this matter. Sincerely. Cc . Buxton, Esquire CRB/|s cc: Deborah Robinson Tracey Tolbert Bunny Warren Cecilia Zumeta United Teachers of Dade Established 1886 in DeFuniak Springs, Florida

Docket for Case No: 21-000183PL
Source:  Florida - Division of Administrative Hearings

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