Before the Education Practices Commission of the State of Florida 3 0 JOHN L. WINN as the Commissioner of Education, EDUCPJIGN PRACRCES COMMISSEON Petitioner, Start or nearer vs. CASE N9: c3; EPC Index N9 MICHELE UZARI, PPS 056-07594 Respondent. Final Order Respondent, Michele Uzari, holds Florida educator?s certificate no. 713545. Petitioner has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. A copy of the Administrative Complaint is attached to and made a part of this Order. Service of the Administrative Complaint was made upon Respondent by publication. Respondent has failed to respond to the Administrative Complaint and has not requested a hearing or any other proceeding. This cause came before a teacher panel of the Education Practices Commission on August 6, 2009 in Tallahassee, Florida. Respondent was not present at the meeting. The Commission finds that Respondent was properly served with the Administrative Complaint, has failed to respond timely, and has waived any right to be heard. Since Respondent has not replied to the Administrative Complaint and has not Final Order Michele Uzari Page 2 contested the factual allegations, Petitioner offered the investigative file into evidence to prove the facts as alleged in the Administrative Complaint. The Commission finds these materials clearly and convincingly support the allegation and establish a prima facie case. FINDINGS OF FACT The allegations of fact in paragraphs 1 through 3 of the Administrative Complaint are adopted as findings of fact by the panel. CONCLUSIONS OF LAW 1. The conclusions of law alleged in counts 1 through 4 of the Administrative Complaint are adopted as conclusions of law by the panel. 2. There is competent, substantial evidence to support the panel?s conclusions. 3. The violations committed by Respondent warrant disciplinary action by the Education Practices Commission. PENALTY Upon consideration, it is ORDERED: 1. Respondent?s Florida educator?s certificate is hereby suspended for a period of 2 years. 2. Prior to reinstatement of Respondent?s certificate, the Respondent shall: A. Provide written verification from an Recovery Network Program (RNP) approved, licensed Florida provider that the educator poses no threat to children and is capable of assuming the of an educator. 3. Upon employment in any pubiic or private position requiring a Florida Final Order Michele Uzari Page 3 educator?s certificate, Respondent shall be placed on 2 employment years of probation with the conditions that during that period, (s)he shall: A. Immediately notify the investigative office in the Department of Education upon employment or termination of employment in the state in any public or private position requiring a Florida educator's certificate. B. Have Respondent?s immediate supervisor submit annual performance reports to the investigative office in the Department of Education. C. Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator. D. Violate no law and shall fully comply with all district school board policies, school rules, and State Board of Education rules. E. Satisfactorily perform all assigned duties in a competent, professional manner. F. Bear all costs of complying with the terms of a final order entered by the Commission. G. Engage in counseling with a Recovery Network Program (RNP) approved licensed Florida provider until discharged from treatment. This order shall become effective upon filing with the Clerk of the Commission. 2009. DONE AND ORDERED, this 2 day of Pr?/s?ing Officer DENNIS J. Gym: Final Order Michele Uzari Page 4 COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports Superintendent of Schools 1450 NE Second Avenue #912 Miami, FL 33132 Director Office of Professional Standards Dade County Schools 1500 Biscayne Blvd, Suite 222 Miami, FL 33132 DOE Counsel for PPS Daniel Biggins Assistant Attorney General Recovery Network Program for Educators Probation Office 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?o Michele Uzari, 14317 SW ?Git.~I rni, Fiorida 33186 by Certified U. Mail thisI day of DON o. SHIELDS, Education Practices Commission STATE OF FLORIDA EDUCATION PRACTICES JGHN L. WINN, as Commissiener 6f Education, Peti?ener, vs. CASE NO. 056675941 MICHELE L. UZARI, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jehn L. Winn, as Commissioner cfEclueatien, ?les this Administrative Cemplaint against MICHELE L. UZARI. The Petiticner seeks the appropriate disciplinary sanctien of the Respondent?s educatcr?s certi?cate pursuant to Sections 1012.795 and 1012-5796, Flerida Statutes, and pursuant to Rule Fler?id?e Admini'stratiVe Code, Principles of Professional Conduct for Education Prefession in Florida, said sanciic?ns sgeci-?cajly set forth in Sections 16 1 2.795(1) and Stamtes. ?i?he Peiitiener ?leges: JURISDECTION l; . The holds Fle?da Educatcr?s Certi?cate 713545, covering the area of Guidance and Counseling, which is valid through June 30, 2012. 2. At all times eel-?nest hereto, the Respondent was employed as a Guidance Counselor at Felix Varela Senior High Schocl in the Miami-Dede County School District. MATERIAL ALLEGATIONS "7 . - During the fall 2005 semester, Respondent behaved inabizarre and irrational manner as evidenced by the foilowin'g: A. . Respondent laughed at times such as during sta? meetings and B. Respondent serif; inappropriate and illogical emaiis to faculty members. MCI-ELF. L. UZARI Administrative Complaint Page 2 of 3 C. Respondent carried on a connersation with herself, laughing hysterically, when no one else was in the room with her. -- D. Reapondent cried inconsolably in her of?ce for an extended period of time and in front of a student. F. When Respondent was informed that she was being placed on alternative assignment she threatened the assistant principal saying, know where you are at, I am going to get you I gas this building You don tknow me. You knowl am bipolar. I am crazy and hate olive faces, I want white faces,? or words to that effect. The Petitioner charges: STATUTE VIOLATIONS CGUNT 1: The? is in violation of Section 1012 795(1 Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral tarpitade. COUNT Z: The Respondent is inviolation of Section 1012. 795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board 0; Education rules . RULE VTOLATIGNS CGUNT 3: The allegations of nnsconduct set forth herein are in violation of Rule 63? Florida Administrative Code, 111 that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student 3 mental health andfor physical health andior safety. The allegations of misconduct set forth herein are in violation of Rule 68? Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory Conduct which 14 unreasonably interfered with an individual?s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harasserent or discrimination - (SIGNATURE 0N FOLLOWING PAGE) WCHELE L. UZARI Administrative Complaint Page 3 ot?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 Adm?r?strative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent? educator? certi?cate pursuant to the authority provided in Sections 10127950} and 101279600, 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 ?ne; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent?s educator?s certi?cate for a period of time not to exceed ?ve years; revoking the Respondent?s educator?s certi?cate for a period of time up to 13 years or permanently; or barring the ReSpondent ?om reapplying for an educator?s certi?cate for a period of time up to 10 years or permanently. on this 1 day of dhr?kxx {Him 2097?. Commissioner of Education Qtaha. n-F Dirwhl U). mu. I?d-av