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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs YOLIE BAUDUY, 21-000707PL (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000707PL Visitors: 6
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: YOLIE BAUDUY
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Education
Locations: Orlando, Florida
Filed: Feb. 19, 2021
Status: Set for Hearing by Zoom Conference.
Latest Update: Jul. 06, 2024
Summary: Did Respondent, Yolie Bauduy, violate section 1012.795(1)(g), Florida Statutes (2018)?1 Did Respondent, Yolie Bauduy, violate section 1012.795(1)(j)? 1 All citations to the Florida Statutes are to the 2018 codification unless otherwise noted. Did Respondent, Yolie Bauduy, violate Florida Administrative Code Rule 6A-10.081(2)(a)1.?Two-hour lunch delay not harmful to student's health. Brief departure from classroom to check for eloped student not harmful to students' health. Releasing student need
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STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 189-0676 YOLIE BAUDUY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against YOLIE BAUDUY. 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 982168, covering the areas of Autism Spectrum Disorder, Elementary Education, English for Speakers of Other Languages (ESOL), Exceptional Student Education (ESE) and Middle Grades Integrated Curriculum, which is valid through June 30, 2025. 2. At all times pertinent hereto, the Respondent was employed as an Autistic Students Teacher at Gotha Middle School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about September 11, 2018, Respondent released a. a | grade student on the i, for dismissal, alone without an escort to go to the bus ramp even though Hi: Individual Education Plan (IEP) specified that HM was not to go anywhere unsupervised. As a result, I went to a restroom near the bus loop wherelfJremoved all of Ij clothing and was observed masturbating by another J student. On or about October 18, 2018, Respondent was suspended for five days without pay by her principal as a result of the incident, Probable Cause Letter and Administrative Complaint.-2 YOLIE BAUDUY Administrative Complaint Page 2 of 3 4. On or about February 25, 2019, Respondent failed to properly supervise her class of students on the I. On this date, JIB, al student on the eloped from Respondent's class at a time when Respondent had no other adults for support in the classroom. Respondent chased after, leaving the remainder of the class without supervision for a period of approximately 23 seconds. On or about March 25, 2019, Respondent was suspended for five days without pay by her principal as a result of her conduct. 5. On or about September 11, 2019, Respondent inappropriately disciplined ma a student, when Respondent withheld food from] and delayed [i's lunch for a period of at least two hours becausel failed to put away toys was using. On or about November 4, 2019, Respondent was suspended without pay by her principal as a result of her conduct. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 2: 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 3: 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. (SIGNATURE ON FOLLOWING PAGE) Probable Cause Letter and Administrative Complaint.-3 YOLIE BAUDUY Administrative Complaint Page 3 of 3 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 on this e -dayof__ November _, 2020. Le MMi RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-4

Docket for Case No: 21-000707PL
Issue Date Proceedings
May 06, 2021 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for August 24 and 25, 2021; 9:30 a.m., Eastern Time).
May 04, 2021 Joint Motion to Continue and Reschedule Final Hearing filed.
Apr. 30, 2021 Order Granting Motion to Withdraw as Counsel of Record.
Apr. 28, 2021 Unopposed Motion to Withdraw as Counsel of Record filed.
Apr. 27, 2021 Respondent's Notice of Service of Request for Production filed.
Apr. 26, 2021 Notice of Appearance (Branden Vicari) filed.
Apr. 05, 2021 Petitioner's Witness List filed.
Apr. 05, 2021 Petitioner's Exhibit List filed.
Mar. 24, 2021 Notice of Service of Respondent's Answers to Petitioner's First Interrogatories and Response to Petitioner's First Request for Production of Documents filed.
Mar. 24, 2021 Notice of Service of Respondent's Response to Petitioner's Request for Admissions filed.
Feb. 24, 2021 Order of Pre-hearing Instructions.
Feb. 24, 2021 Notice of Hearing by Zoom Conference (hearing set for May 21, 2021; 9:30 a.m., Eastern Time).
Feb. 23, 2021 Agreed upon Response to Initial Order filed.
Feb. 22, 2021 Certificate of Service of Discovery filed.
Feb. 19, 2021 Procedural Order.
Feb. 19, 2021 Initial Order.
Feb. 19, 2021 Notice of Appearance (Peter Caldwell).
Feb. 19, 2021 Administrative Complaint filed.
Feb. 19, 2021 Finding of Probable Cause filed.
Feb. 19, 2021 Election of Rights filed.
Feb. 19, 2021 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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