16-005551PL Pam Stewart, As Commissioner Of Education vs. Patti Guadagno
 Status: Closed
Recommended Order on Monday, June 12, 2017.


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Summary: In light of subsequent teaching performance, Petitioner did not prove personal conduct which seriously reduces effectiveness, but proved that Respondent obtained a teaching certificate by fraudulent means, which warranted license suspension.

1EXCEPTION 3 (Paragraph 20 of Recommended Order): The Commission rejected the

12exception because it does not have substantial jurisdiction to determine if the attorney­

25client privilege was waived, and it addresses the credibility of testimony.

36EXCEPTION 4 (Paragraph 21 of Recommended Order): The Commission rejected the

47exception because it addresses the credibility of witnesses.

55EXCEPTION 5 (Paragraph 22 of Recommended Order): The Commission rejected the

66exception because it addresses the credibility of witnesses.

74Ruling on Respondent's Exceptions

78To Conclusions of Law

82EXCEPTION 6 (Paragraph 36 of Recommended Order): The Commission rejected the

93exception because Respondent testified that she received the notice on March 6, 2012.

106EXCEPTION 7 (Paragraph 37 of Recommended Order): The Commission rejected the

117exception because it addresses the credibility of witnesses.

125EXCEPTION 8 (Paragraph 38 of Recommended Order): The Commission rejected the

136exception because it does not have substantive jurisdiction to determine what

147constitutes "clear and convincing evidence." The Commission can only determine if

158there was no competent substantial evidence.

164EXCEPTION 9 (Paragraph 44 of Recommended Order): The Commission rejected the

175exception because it addresses the credibility of witnesses.

183EXCEPTION 10 (Paragraph 45 of Recommended Order): The Commission rejected

193the exception because it does not have substantive jurisdiction to determine what

205constitutes "clear and convincing evidence." The Commission can only determine if

216there was no competent substantial evidence.

222EXCEPTION 11 (Paragraph 47 of Recommended Order): The Commission rejected

232the exception because it relies on the exceptions to Paragraph 7 of the Findings of

247Fact.

248EXCEPTION 12 (Paragraph 49 of Recommended Order): The Commission rejected

258the exception because it does not have substantive jurisdiction to determine what

270constitutes "clear and convincing evidence." The Commission can only determine if

281there was no competent substantial evidence.

287EXCEPTION 13 (Paragraph 51 of Recommended Order): The Commission rejected

297the exception because it relies on the exceptions to Paragraphs 20-22 of the Findings

311of Fact.

313EXCEPTION 14 (Paragraph 52 of Recommended Order): The Commission rejected

323the exception because it does not have substantive jurisdiction to determine what

335constitutes "clear and convincing evidence." The Commission can only determine if

346there was no competent substantial evidence.

352EXCEPTION 15 (Paragraph 54 of Recommended Order): The Commission rejected

362the exception because it relies on the exceptions to Paragraphs 20-22 of the Findings

376of Fact.

378Ruling on Petitioner's Exception

382To Recommended Penalty

385The Commission rejected the Petitioner's Exception to the Recommended

394Penalty stating that the Respondent's history cited in the exception is unsubstantiated

406except for the suspension for pushing a student.

414Findings of Fact

4171. The findings of fact set forth in the Recommended Order are approved and

431adopted and incorporated herein by reference.

4372. There is competent substantial evidence to support the findings of fact.

449Conclusions of Law

4521 . The Education Practices Commission has jurisdiction of this matter pursuant

464to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

4742. The conclusions of law set forth in the Recommended Order are approved

487and adopted and incorporated herein by reference.

494Penalty

495Upon a complete review of the record in this case, the Commission determines

508that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is

521therefore ORDERED that:

524Respondent's Florida educator's certificate is hereby suspended for a period of 1

536year from the date of this Final Order.

544This Final Order takes effect upon filing with the Clerk of the Education Practices

558Commission.

559DONE AND ORDERED, this gth day of August, 2017.

568NOTICE OF RIGHT TO JUDICIAL REVIEW

574A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

586TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.

595REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF

604APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING

612ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES

623COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES

632PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST

642DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE

653DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE

664FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

674CERTIFICATE OF SERVICE

677I HEREBY CERTIFY that a copy of the foregoing Order was mailed to PATII GUADAGNO,

6929010 Southwest 12th Street, Miami, FL 33174 and Melissa C. Mihok, Esq., 201 East Pine

707Street, Suite 445, Orlando, FL 32801. by Certified U.S. Mail and by electronic mail to Darby

723Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street,

735Tallahassee, Florida 32399-0400 and Charles T. Whitelock, Esq., 300 Southeast 13th

746Street, Suite E, Ft. Lauderdale, FL 33316-1924 this ...l!L_ day , 2017.

757Lisa Forbess, Clerk

760Education Practices Commission

763COPIES FURNISHED TO:

766Office of Professional Practices Services

771Bureau of Educator Certification

775Superintendent of Schools

7781450 NE Second Avenue #912

783Miami, FL 33132

786Director

787Office of Professional Standards

791Dade County Schools

7941500 Biscayne Blvd., Suite 222

799Miami, FL 33132

802Lee Ann Gustafson

805Senior Assistant Attorney General

809F. SCOTT BOYD

812Administrative Law Judge

815Division of Administrative Hearings

8191230 Apalachee Parkway

822Tallahassee, FL 32399-1550

825Claudia Llado, Clerk

828Division of Administrative Hearings

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PDF
Date
Proceedings
PDF:
Date: 08/17/2017
Proceedings: Petitioner's Response to Respondent's Exceptions filed.
PDF:
Date: 08/17/2017
Proceedings: Respondent's Exceptions to Recommended Order filed.
PDF:
Date: 08/17/2017
Proceedings: Petitioner's Exception to the Recommended Penalty filed.
PDF:
Date: 08/17/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 08/16/2017
Proceedings: Agency Final Order
PDF:
Date: 06/13/2017
Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Exhibit numbered R-1, to Respondent.
PDF:
Date: 06/12/2017
Proceedings: Recommended Order
PDF:
Date: 06/12/2017
Proceedings: Recommended Order (hearing held May 2, 2017). CASE CLOSED.
PDF:
Date: 06/12/2017
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/06/2017
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 06/05/2017
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 05/23/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/22/2017
Proceedings: Joint Motion for Extension of Time to File Proposed Recommended Orders filed.
PDF:
Date: 04/28/2017
Proceedings: Respondent's Notice of Filing Exhibits filed.
PDF:
Date: 04/28/2017
Proceedings: Notice of Scheduling Court Reporter filed.
PDF:
Date: 04/27/2017
Proceedings: Respondent's Witness List filed.
PDF:
Date: 04/27/2017
Proceedings: Respondent's Exhibit List filed.
PDF:
Date: 04/26/2017
Proceedings: Order Denying Motion to Continue Hearing.
PDF:
Date: 04/26/2017
Proceedings: Petitioner's Response to Respondent's Motion to Continue Hearing filed.
PDF:
Date: 04/25/2017
Proceedings: Motion to Continue Hearing filed.
PDF:
Date: 04/24/2017
Proceedings: Petitioner's Pre-hearing Statement filed.
PDF:
Date: 04/21/2017
Proceedings: Petitioner's Notice of Filing of Proposed Exhibits filed.
PDF:
Date: 04/07/2017
Proceedings: Order Granting Motion to Amend Administrative Complaint
PDF:
Date: 04/06/2017
Proceedings: Petitioner's Motion to Amend Administrative Complaint filed.
PDF:
Date: 03/24/2017
Proceedings: Amended Notice of Taking Deposition filed.
PDF:
Date: 03/17/2017
Proceedings: Notice of Taking Deposition filed.
Date: 03/15/2017
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 02/28/2017
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 2, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 02/28/2017
Proceedings: Notice of Email Designation filed.
PDF:
Date: 02/22/2017
Proceedings: Order Granting Motion to Appear Telephonically.
PDF:
Date: 02/21/2017
Proceedings: Petitioner's Objection to Respondent's Notice of Production from Non-party, Miami-Dade County School Board filed.
PDF:
Date: 02/21/2017
Proceedings: (Petitioner's) Motion to Continue Hearing filed.
PDF:
Date: 02/13/2017
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference and Denying Motion to Compel (hearing set for April 13, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 02/10/2017
Proceedings: Petitioner's Response to Respondent's Motion to Continue Hearing and Motion to Compel filed.
PDF:
Date: 02/09/2017
Proceedings: Non-party Branden Vicari's Motion to Appear Telephonically at the Final Hearing filed.
PDF:
Date: 02/09/2017
Proceedings: Motion to Continue Hearing and Motion To Compel filed.
PDF:
Date: 02/09/2017
Proceedings: Petitioner's Pre-hearing Statement filed.
PDF:
Date: 02/08/2017
Proceedings: Order Denying Motion for Protective Order.
Date: 02/07/2017
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 02/06/2017
Proceedings: Petitioner's Response to Non-party's Motion for Protective Order filed.
PDF:
Date: 02/03/2017
Proceedings: Petitioner's Objection to Respondent's Notice of Production from Non-party filed.
PDF:
Date: 02/02/2017
Proceedings: Non-party Branden Vicari's Motion for Protective Order filed.
PDF:
Date: 02/02/2017
Proceedings: Notice of Appearance (Robert F. McKee).
PDF:
Date: 12/06/2016
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 17, 2017; 9:30 a.m.; Miami and Tallahassee, FL; amended as to ).
PDF:
Date: 12/05/2016
Proceedings: Notice of Withdrawal of Counsel filed.
PDF:
Date: 12/05/2016
Proceedings: Respondent's Motion to Continue and Reschedule Final Hearing filed.
PDF:
Date: 09/22/2016
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/22/2016
Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 16, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 09/22/2016
Proceedings: Order Reopening File. CASE REOPENED.
PDF:
Date: 09/21/2016
Proceedings: Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 16-1850PL)
PDF:
Date: 01/12/2015
Proceedings: Letter to P. Guadagno from G. Brantley regarding your case file filed.
PDF:
Date: 01/12/2015
Proceedings: Administrative Complaint filed.
PDF:
Date: 01/12/2015
Proceedings: Election of Rights filed.
PDF:
Date: 01/12/2015
Proceedings: Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
PDF:
Date: 01/12/2015
Proceedings: Agency referral filed.

Case Information

Judge:
F. SCOTT BOYD
Date Filed:
09/22/2016
Date Assignment:
09/22/2016
Last Docket Entry:
08/17/2017
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related DOAH Cases(s) (3):

Related Florida Statute(s) (5):

Related Florida Rule(s) (4):