BEFORE THE OFFICE OF STATE ADMINISTRATIVE HEARINGS

STATE OF GEORGIA

ALICIA ANDREWS,
Petitioner, Docket No.: 2413877
2413877-OSAH-PSC-SAN-63-Walker
v.
Agency Reference No.: 23-3-1185
PROFESSIONAL STANDARDS
COMMISSION,
Respondent.
01-26-2024

FINAL DECISION

I. Introduction

The Professional Standards Commission (“Commission”) found probable cause that the

Petitioner, Alicia Andrews, violated the Code of Ethics for Educators. The Statement of Matters

Asserted filed by the Commission alleges that the Petitioner physically abused and behaved

unprofessionally with the students in her classroom. The Petitioner appealed the finding of

probable cause. A hearing in this matter was held on January 9, 2024, before the undersigned

Administrative Law Judge. Julie Oinonen Esq. represented the Petitioner and Assistant Attorney

General G. Keith Pridgen appeared for the Commission. After consideration of the evidence

presented, and for the reasons stated below, the undersigned finds that the Petitioner did not violate

the Code of Ethics for Educators and the Petitioner’s appeal is GRANTED.

II. Findings of Fact

1.
The Petitioner holds a certificate issued by the Commission and has held such certificate

at all times relevant to the issues presented for hearing. (Statement of Matters Asserted ¶ 1;

Petitioner’s Answer to Statement of Matters Asserted ¶ 1.)

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 2.

The Petitioner was a paraprofessional for the Glynn County School District in Brunswick,

Georgia. For the academic year beginning in August of 2022, she worked as a paraprofessional

with special needs students in the “Access” classroom (also “classroom”) at Altama Elementary

School. (Testimony of Petitioner; Testimony of Crystal Cash.)

3.

The students in the Petitioner’s classroom were low functioning and/or non-verbal. To

meet the students’ needs, the classroom included several paraprofessionals and one teacher,

Crystal Cash. Most of the time there were four or five adults in the classroom, and it would be

highly unusual to have less than two educators in the classroom. (Testimony of Petitioner;

Testimony of Crystal Cash; Testimony of Andrea Morris.)

4.

Ms. Cash has bachelor’s degrees in education and special education and has been a teacher

for twelve years. She worked with the Petitioner for over seven years. (Testimony of Crystal

Cash.)

5.

According to Ms. Cash, the Petitioner had a great rapport with students and their parents.

The children in the classroom “loved” the Petitioner and would hug her when she arrived. In the

past Ms. Cash has reported educators who have behaved inappropriately to school administrators;

however, she has never observed the Petitioner behave improperly. To the contrary, the Petitioner

handled difficult situations in an “exemplary” manner. (Testimony of Crystal Cash.)

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 6.

A.S. was an eight-year-old student in the Access classroom in the 2022 fall semester. He

is severely epileptic and experiences hundreds of seizures a day. To ensure his physical safety,

A.S. sat in a wheelchair and wore a helmet; additionally, a nurse, Arlene Jones, accompanied him

during the school day. (Testimony of Synthia Stephens.)

7.

Over the course of the semester, Ms. Cash, and the classroom’s paraprofessionals, noticed

that Ms. Jones would distract A.S. during learning time. For example, when educators attempted

to work with A.S., Ms. Jones would engage him by giving him a toy or a snack. At times she

would pull A.S. away from the lesson and, according to Ms. Cash, “would do what she wanted to

do.” Consequently, there was a great deal of tension between Ms. Jones and the educators in the

classroom. Another paraprofessional in the classroom, Donna Fontimayor, testified that Ms. Jones

was “rude” to Ms. Cash and “sarcastic” with the Petitioner. (Testimony of Crystal Cash;

Testimony of Donna Fontimayor; Testimony of Andrea Morris; Testimony of Petitioner.)

8.

Altama Elementary School employees also observed that Ms. Jones was forgetful, perhaps

even cognitively impaired. Ms. Jones would repeat questions that she had already asked a few

minutes earlier, including asking about the school’s schedule multiple times a day even though the

schedule never varied. She also would mutter curse words under her breath while taking A.S. to

the bathroom. (Testimony of Crystal Cash; Testimony of Nanci Cash; Testimony of Donna

Fontimayor; Testimony of Andrea Morris; Testimony of Petitioner.)

9.

A.S. would often rock back and forth in his wheelchair. On December 7, 2022, Ms. Cash

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observed that his wheelchair was missing some stabilizers and became concerned that he would

tip his wheelchair over. (Testimony of Crystal Cash.)

10.

Ms. Cash approached A.S. and leaned his wheelchair back to show him what could happen

if he continued to rock back and forth. After explaining that he could hurt himself by continuing

to rock, she began to lift the wheelchair back into place. Ms. Jones started pulling the wheelchair

in the opposite direction causing Ms. Cash’s leg to get caught between the footrests. Ms. Cash

told Ms. Jones to stop because her leg was stuck, but Ms. Jones continued pulling. Finally, Ms.

Cash “screamed at the top of [her] lungs” and Ms. Jones let go. Ms. Cash’s leg was injured during

the altercation. The Petitioner was not in the classroom because she had taken leave on December

7, 2022. (Testimony of Crystal Cash.)

11.

Patsy Clinch was the head school nurse at Altama Elementary School. On December 7,

2022, the day that Ms. Jones and Ms. Cash had the altercation, Ms. Jones told Ms. Clinch about

the incident. She stated that she felt that Ms. Cash had acted too harshly and that Ms. Cash and

the Petitioner “were not appropriate” because they were “not treating the students correctly.” In

Nurse Clinch’s opinion, Ms. Jones would get very upset if things were not done “her way.” Ms.

Jones did not tell Ms. Clinch that any of the educators had hit the students, or that she had seen

physical abuse as detailed in the Statement of Matters Asserted. (Testimony of Patsy Clinch.)

12.

Following her discussion with Ms. Clinch, Ms. Jones, for the first time, reported to school

administrators that she had observed abusive behavior in the classroom throughout the fall

semester. There was no testimony from school administrators regarding the specific nature of the

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reported allegations. During the administrative hearing, Ms. Jones testified that the Petitioner

would “get in [the children’s] faces and holler at them,” put a mixture in one child’s mouth to keep

the child from spitting and use a wooden spoon to hit children. (Testimony of Arlene Jones.)

13.

There were no wooden spoons kept or used in the classroom. (Testimony of Ms. Cash;

Testimony of Petitioner.)

14.

Although Ms. Jones had been in the classroom with A.S. for the entire semester, the day

of the altercation was the first time that she had disclosed the alleged abuse. Ms. Jones stated that

she did not report the abuse earlier because she didn’t “think it was my responsibility to tell

anyone,” and claimed that she was not aware that she was a mandatory reporter of child abuse

under Georgia Law. The undersigned does not find Ms. Jones’s testimony regarding the abuse to

be credible. (Testimony of Ms. Jones.)

15.

Prior to working with A.S., Ms. Jones had been employed as the Director of Nursing for

the Brunswick Job Corps Center. Martha Smith was a Licensed Practical Nurse for twenty-one

years and is retired. Ms. Smith worked at the Brunswick Job Corps Center with Ms. Jones from

2018-2021. (Testimony of Martha Smith.)

16.

Ms. Smith testified that Ms. Jones had a reputation for untruthfulness. Additionally, Ms.

Jones had asked her to sign documentation that contained false statements. (Testimony of Martha

Smith.)

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 17.

Following the altercation, school administrators notified the Petitioner that Ms. Jones had

made allegations of physical abuse. School administrators reported the allegations to the

Commission and terminated the Petitioner’s employment. (Testimony of Petitioner.)

18.

Ms. Jones also made allegations concerning Ms. Cash that were reported to the

Commission. Eventually, Ms. Cash signed a Consent Order with the Commission imposing a

Reprimand. Although Ms. Cash did not believe she had done anything wrong, she wanted to get

the case over with and decided that she “would rather just take [the] Reprimand and continue

teaching.” The Consent Order was not tendered into evidence, and it is unclear what findings of

fact it contained. (Testimony of Crystal Cash.)

19.

Law enforcement and the Department of Children and Family Services investigated the

allegations, but no charges were filed against either Ms. Cash or the Petitioner. (Testimony of

Crystal Cash.)

20.

During the hearing, nine current or former Glynn County School District employees

testified on behalf of the Petitioner. Ms. Jones and A.S.’s mother, Synthia Stephens, testified for

the Commission. The Respondent did not call any witnesses from either the Glynn County School

District or the Commission.

21.

Sarah Cox is a teacher and worked with the Petitioner for one year at Altama Elementary.

She thought the Petitioner was a “great” paraprofessional and the classroom “couldn’t function

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without her.” She never observed the Petitioner being abusive or engaging in inappropriate

behavior. (Testimony of Sarah Cox.)

22.

Andrea Morris is a paraprofessional with the Glynn County School System. She worked

with the Petitioner for four years, including the fall semester of 2022. She testified that the

Petitioner was a loving paraprofessional and the students adored her. (Testimony of Andrea

Morris.)

23.

Ms. Morris maintained that Ms. Jones’s allegations of abuse were “absolutely false.”

Generally, there were four or five adults in the classroom, and they would have been able to

observe any abusive conduct. If Ms. Morris had seen any of the behaviors alleged by Ms. Jones,

she would have reported the conduct. (Testimony of Andrea Morris.)

24.

Shannell Richardson was a paraprofessional who worked with the Petitioner for seven

years. She never observed the Petitioner behave inappropriately or abusively. Ms. Richardson

found the Petitioner to be a dedicated paraprofessional who cared deeply about her students.

(Testimony of Shannell Richardson.)

25.

Nanci Cash 1 was a full-time teacher for thirty years. Since 2015, she has been employed

as a substitute teacher. In that capacity, she has worked with the Petitioner on and off for four

years. At one point, Ms. Cash worked as a long-term substitute teacher for six months with the

Petitioner as her paraprofessional. She never saw any inappropriate or abusive behavior. To the

1
Nanci Cash is Crystal Cash’s mother. (Testimony of Nanci Cash.)
Page 7 of 14
contrary, according to Ms. Cash the Petitioner had “the patience of Job.” (Testimony of Nanci

Cash.)

26.

Amanda Moore has been a special education teacher for the Glynn County School District

since 2011. In that capacity she has observed the Petitioner with her students in the hallways, the

lunchroom, on field trips and during bus duty. She thought the Petitioner was very attentive to her

students and treated them with dignity. (Testimony of Amanda Moore.)

27.

Donna Fontimayor has been a paraprofessional for twenty-six years. She has worked with

the Petitioner and never observed any abusive behavior. She has the “utmost” respect for the

Petitioner because she “bends over backwards” for her students. (Testimony of Donna

Fontimayor.)

28.

Jacqueline Scott has worked as an administrative assistant for the Glynn County Board of

Education for twenty-seven years. She observed that the Petitioner was friendly and helpful with

her students. She never observed the Petitioner engage in any inappropriate behavior. In Ms.

Scott’s opinion, the Petitioner worked to make sure that her students were in a “happy mood” and

“doing what they need[ed]to do.” (Testimony of Jacqueline Scott.)

29.

Nurse Clinch was able to observe the Petitioner interact with her students in the hallways,

cafeteria and during drop off. She believes that the Petitioner was a compassionate educator who

cared about her students. (Testimony of Patsy Clinch.)

Page 8 of 14
 30.

Synthia Stephens is A.S.’s mother. On one occasion she accompanied A.S. on a school

field trip. According to Ms. Stephens, while sitting at a picnic table she observed the Petitioner

tell a child who was involuntarily spitting to “stop that right now.” She found the Petitioner’s tone

and demeanor to be unduly aggressive. According to Ms. Stephens, several other school

employees were present but did not respond to the interaction, instead acting as if “it was normal.”

To Ms. Stephens’s knowledge, although she notified the Petitioner’s supervisors that she was

concerned about the interaction, they did not address the issue. Ms. Stephens has had experience

with children but is not a licensed educator. (Testimony of Synthia Stephens.)

31.

The Petitioner denied speaking inappropriately to the child. She testified that the child was

attempting to lick food left on a picnic table and she did not want the child to get sick. The

Petitioner noted that there were parents and school employees sitting at the table and/or in close

proximity during the incident. Had the Petitioner behaved inappropriately, “she would have heard

something about it.” She was never contacted by anyone from the Glynn County School District

about the alleged incident. (Testimony of Petitioner.)

32.

Prior to becoming a paraprofessional, the Petitioner worked at a children’s group home.

She loves children and being with her students. While she was in Ms. Cash’s classroom for most

of her career, she spent one year assigned to Ms. Cox, who was a first-year teacher. Her

supervisors explained that they had paired her with Ms. Cox because the Petitioner was a

“topnotch” educator who could be helpful to a new teacher. (Testimony of Petitioner.)

Page 9 of 14
 33.

The Petitioner adamantly denied abusing the students in her classroom. The undersigned

finds her testimony credible. (Testimony of Petitioner.)

III. Conclusions of Law

1.
The Commission bears the burden of proof in this matter. Ga. Comp. R. & Regs. 616-1-

2-.07(1). The standard of proof is a preponderance of the evidence. Ga. Comp. R. & Regs. 616-

1-2-.21(4).

2.

The Commission has adopted the Code of Ethics for Educators that guides the professional

behavior of educators in Georgia. See O.C.G.A. § 20-2-984.1; Ga. Comp. R. & Regs. 505-6-.01. 2

The Commission is authorized to investigate matters involving violations of the Code of Ethics

and to discipline an educator who has violated its standards. Pursuant to O.C.G.A § 20-2-984.5(c),

the Commission may determine:

(1) That the educator be warned, reprimanded, monitored, or any

combination thereof; or
(2) That the certificate of the educator be suspended, revoked, or
denied.
3.

The Commission’s Statement of Matters Asserted alleges that the Petitioner committed the

following acts:

While in her classroom in 2022, (as well as that previously under Sarah Cox),
Petitioner struck students with the handle of a paint brush in an attempt to avert
unwanted behavior. Petitioner was also observed yelling and expressing impatience
with her special education students to a degree that it was unprofessional.

2
The Commission relied on the Code of Ethics effective January 1, 2023. (See Court File).
Page 10 of 14
(Statement of Matters Asserted ¶ 2.) Based on these allegations, it found probable cause that the

Petitioner violated the laws, rules, and regulations of the Commission, specifically Rule 505-6-

.01(3)(b) [Conduct with Students] and Rule 505-6-.01(3)(i) [Professional Conduct]. In the

Statement of Matters Asserted the Commission sought to admonish the Petitioner for her conduct

by imposing a reprimand; however, at the hearing the Commission indicated that it believed a ten-

day suspension was appropriate. See Ga. Comp. R. & Regs. 505-6-.01(2)(j).

4.

Standard 2 of the Code of Ethics for Educators states, in pertinent part:

Conduct with Students- An educator shall always maintain a professional

relationship with all students, both in and outside the classroom. Unethical conduct
includes but is not limited to:

1. committing any act of child abuse, including physical and verbal abuse;
....

Ga. Comp. R. & Regs. 505-6-.01(3)(b)(2023). 3

5.

The undersigned finds that the Commission did not prove a violation of Standard 2. There

was no credible evidence that the Petitioner committed any act of abuse in either Ms. Cash’s or

Ms. Cox’s classroom. The teachers and paraprofessionals who worked closely with the Petitioner

testified that she was a caring and compassionate educator who loved her students.

6.

Ms. Jones’s testimony was not persuasive. Georgia law mandates that Ms. Jones report

3
The Commission did not specifically identify the subsections of Standard 2 applicable to the instant case. However,
this subsection would appear to be the only potentially applicable subsection.

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allegations of abuse to designated school employees within twenty-four hours of the abuse. 4

Although Ms. Jones claimed that the Petitioner had been abusing students throughout the semester,

she only made the allegations of abuse after she had injured Ms. Cash in December 2022. Even if

Ms. Jones did not know that she was a mandatory reporter, her testimony about the abuse was

unconvincing. Moreover, her testimony was inconsistent with the allegations made in the

Statement of Matters Asserted. The allegations in the Statement of Matters Asserted reference the

Petitioner hitting students with a paintbrush; however, Ms. Jones testified that the Petitioner used

a wooden spoon to hit students. Given that the Petitioner was rarely, if ever, the only educator in

the classroom, and that over her seven years of employment her fellow employees never observed

any inappropriate behavior, the undersigned gives no credence to the allegations of physical abuse.

7.

The undersigned does not find that the Commission proved, as detailed in the Statement of

Matters Asserted, that the Petitioner “[yelled] and [expressed] impatience with her special

education students to a degree that it was unprofessional.” Other than Ms. Jones, the only

testimony regarding this allegation was from Ms. Stephens. As Ms. Stephens noted, the alleged

behavior took place in front of school employees and other parents; there was no indication that

anyone else, including educators holding certificates from the Commission, deemed the

Petitioner’s behavior unprofessional. The Petitioner denied yelling at the student and noted that

the reported incident was not an issue for other employees or parents at the table, and that none of

her supervisors ever mentioned the incident. Additionally, nine current or former school

employees testified that the Petitioner was an excellent paraprofessional.

4
Under O.C.G.A. § 19-7-5(c)(1)(F) and (e)(2) registered professional nurses, licensed practical nurses or nurse’s
aides are required to report abuse “in no case later than 24 hours from the time there is reasonable cause to believe
that suspected child abuse has occurred.”

Page 12 of 14
 8.

Based on the totality of the evidence presented, the undersigned finds that the Petitioner’s

testimony that she did not behave unprofessionally to be credible.

9.

Standard 9 of the Code of Ethics for Educators provides:

Professional Conduct - An educator shall demonstrate conduct that follows

generally recognized professional standards and preserves the dignity and integrity
of the education profession. Unethical conduct includes but is not limited to a
resignation that would equate to a breach of contract; any conduct that impairs
and/or diminishes the certificate holder’s ability to function professionally in his or
her employment position; or behavior or conduct that is detrimental to the health,
welfare, discipline, or morals of students.

Ga. Comp. R. & Regs. 505-06-.01(3)(i)(2023).

10.

The evidence presented at the hearing did not prove that the Petitioner engaged in any act

of professional misconduct in violation of Standard 9 of the Code of Ethics for Educators. To the

contrary, the overwhelming weight of the evidence demonstrated that the Petitioner was a beloved

and respected educator.

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 IV. Decision

The Code of Ethics for Educators has been designed to protect the health, safety and general

welfare of students in Georgia. In accordance with the foregoing findings of fact and conclusions

of law, the undersigned concludes that the Commission did not meet its burden to prove that the

Petitioner’s conduct violated the Code of Ethics for Educators. The undersigned finds that no

probable cause supports the Statement of Matters Asserted and the Petitioner’s appeal is

GRANTED.

SO ORDERED, this 26th day of January, 2024.

_________________________
RONIT WALKER
Administrative Law Judge

Page 14 of 14
 NOTICE OF FINAL DECISION

Attached is the Final Decision of the administrative law judge. The Final Decision is not
subject to review by the referring agency. O.C.G.A. § 50-13-41. A party who disagrees with the
Final Decision may file a motion with the administrative law judge and/or a petition for judicial
review in the appropriate court.

Filing a Motion with the Administrative Law Judge

A party who wishes to file a motion to vacate a default, a motion for reconsideration, or a
motion for rehearing must do so within 10 days of the entry of the Final Decision. Ga. Comp. R.
& Regs. 616-1-2-.28, -.30(4). All motions must be made in writing and filed with the judge’s
assistant, with copies served simultaneously upon all parties of record. Ga. Comp. R. & Regs.
616-1-2-.04, -.11, -.16. The judge’s assistant is Devin Hamilton - 404-657-3337; Email:
devinh@osah.ga.gov; Fax: 404-657-3337; 225 Peachtree Street NE, Suite 400, South Tower,
Atlanta, Georgia 30303.

Filing a Petition for Judicial Review

A party who seeks judicial review must file a petition in the appropriate court within 30
days after service of the Final Decision. O.C.G.A. §§ 50-13-19(b), -20.1. Copies of the petition
for judicial review must be served simultaneously upon the referring agency and all parties of
record. O.C.G.A. § 50-13-19(b). A copy of the petition must also be filed with the OSAH Clerk
at 225 Peachtree Street NE, Suite 400, South Tower, Atlanta, Georgia 30303. Ga. Comp. R. &
Regs. 616-1-2-.39.

Docket No.: 2413877-OSAH-PSC-SAN-63-Walker

 Docket No.: 2413877-OSAH-PSC-SAN-63-Walker

ALICIA ANDREWS KIMBERLY ANDERSON

14 BOXCALL TRAIL EDUC ETHICS DIV PSC
BRUNSWICK, GA 31525 200 PIEDMONT AVE
STE 1702 WEST TWR
9414 8118 9956 4895 4787 21 ATLANTA, GA 30334

JULIE OINONEN
WILLIAMS OINONEN LLC
3344 PEACHTREE RD NE
ATLANTA, GA 30326

9414 8118 9956 4895 4772 36

G. PRIDGEN JR.
ASSISTANT ATTORNEY GENERAL
40 CAPITOL SQUARE S.W.
ATLANTA, GA 30334-1300