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Flannigan Redacted

Flannigan Redacted

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Published by: LynnKWalsh on Nov 14, 2011
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Before the Education Practices Commission of the State of Fl~I:I:I:-~--l-~

MAY 21 2008


IN RE: Administrative Complaint seeking disciplinary action against the Educator's Certificate of Carol Flannigan.

An Administrative



1:J'3~ t>\3-rot..)


Complaint seeking disciplinary action against the educator's

certificate of Respondent, Carol Flannigan, was filed by JOHN WINN, as Commissioner of Education on, August 17, 2006. Respondent, holder of Florida educator's certificate number 435933, was served with a copy of the Administrative Complaint. Respondent has filed an answer to the

Administrative Complaint stating that she did not wish to contest the charges, that she waived any further rights to due process or a public hearing, that she surrendered her certificate for permanent revocation, and that all her actions were free and voluntary. The Administrative Order. Complaint and the answers are incorporated as part ofthis

In consideration of the foregoing, the Education Practices Commission, as
empowered by F.S. 1012.796, hereby PERMANENTLY number, 435933, held by ,Carol Flannigan. Reapplication will not be considered. REVOKES educator's certificate



Final Order Re: Carol Flannigan Page Two

I HEREBY CERTIFY that a copy of the foregoing Order in the matter of JOHN WINN vs. Carol Flannigan was furnished to Carol Flannigan, at 20421 Sheridan Street, ID# 163354, Fort Lauderdale, FL 33332 this 27 day of --"-~ 2008, by U. S. Mail.

COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports P. O. Box 385 Gainesville, Florida 32602 Superintendent Palm Beach County School Board 3300 Forest Hill Boulevard, Suite C-316 West Palm Beach, Florida 33406 Professional Standards Palm Beach County School Board 3300 Forest Hill Boulevard, Suite C-316 West Palm Beach, Florida 33406 Daniel Biggins, Assistant Attorney General The Capital Plaza Level 1 Tallahassee, Florida 32399 Bonnie Wilmot, Esquire Office of General Counsel Florida Department of Education 325 W. Gaines Street, Suite 1232 Tallahassee, Florida 32399-0400

Kathleen Richards Education Practices Commission


PRO\l'DEO lO~ ,.
John L. Winn, Commissioner of Education,


rd CorrectionallnstltutUID


for Mailing


vs. CAROL L. Fl.ANNIGAN Respondent I
f;'ile No,: 034-1461-M

Signify your election by checking the appropriate 1.

option: Complaint and I request a Formal

a. b.

FORMAL Ill1:ARING OPTION I dispute the allegations of the Administrative !Icaring before a Hearing Officer of the Division of Administrative! tcarings. The allegations I dispute arc:


c. Attach additional




I INFORMAl., HI<:ARlNG OPTION an Informal Heming before the Educatlcu


I do not dispute the allegations Practices Commission. surrender my eertificateis)

of the Administrative


and request


J votuntarily

for permanent



1 1 SETTLEMENT OPTION L request a forty-five (45) day period of time to try to negotiate a settlement with the Office of Pro tess iona! Practices Services at (S:I)()) 245·[}43S. If an agreement is not reached within the forty-five (45) day period, the case will be scheduled for an { } Informal or [ I Formal Hearing (if Formal Heuring is checked. please list the disputed allegations in Ia, b, and c), if neither Informal nor Formal is checked above, the action will be scheduled for ail Informal Jlearing i understand that 1 will be given notice of any date set for a Formal or Informal Hearing. 1 have read lit: Explanation of Rights, fully understand and/or have been advised of my legal rights. (If you do not understand your options, contact the Office of Pro tess inn a! Practices Services at (liSO) 245-(J43S.)


Personally Known

Name of Notary I'ublic


or Produced Identification

't,,,,,,, nfIdentH1cation



!' l:





JOHN L. \v1NN, as

Commissioner of Education, Petitioner,

CASE NO. 034-1461-M

CAROL L. FLANNIGA'l, Respondent.


Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint against CAROL L. FLANNIGAN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule 63-1.006, Florida Administrati ve Code, Principl es 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 435933, covering the urea of Music, which is valid through June 30, 2007. ') At all times pertinent hereto, the Respondent was employed as a Music Teacher at Rolling Green Elementary School in the Palm Beach County School District MATERIAL ALLEGATIQNS
3. On or about February 27, 2006, Respondent pled and the court adjudicated her guilty

of Lewd and Lascivious Molestation. teaching certificate.

The court ordered Respondent to immediately surrender her

CAROL L. FLAh1NIGAN Administrative Complaint Page 2 of3

COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section l012.795(lXe), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: The Respondent is in violation of Section l012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriouslyreduces her effectiveness as an employee of the school board. COUNT 4: The Respondent is in violation 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 of Education rules. COUNT 5: The Respondent is in violation ofSection 1012.795(1 )(1), Florida Statutes, in that Respondent has been the subject of a court order or plea agreement in a jurisdiction which requires the certificate holder to surrender or otherwise relinquish their educator's certificate. A surrender or relinquishment shall be for permanent revocation of the certificate. The Respondent may not surrender or otherwise relinquish their certificate prior to a finding of probable cause by the Commissioner of Education, as provided in s. 1012.796. COUNT 6: The Respondent isin viola non of Section 1012.795(2). Florida Statutes, which provides that the plea of guilty in (my court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE ViOLATIONS COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B1.006(3)(a), 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. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B1,006(3)( c), Florida Administrati ve Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement

Administrative Complaint Page 3 of3 COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B1.006(3){h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage, 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, anyone 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; Of barring the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or permanently.



Commissioner of Education
State of Florida

o was obs<II'ved by _

wOO told _ h8tIsI1e saw the arrested person COI'l'1ITIit 11111 IJelow acts. 'MilS found to have tXlI'11mitted 1he bWN acts. ~ng from mil (Clescnbed)


NARRATIVE: On January 6, 2004, I was assigned to investigate allegations of sexual abuse. The allegations were reported by the child victim's aid that this morning at approximately 0730 hours she found her step son' cell phone and intercepted text messages between the victim age 13 who's date of birth is 08/31/1990 and Carol Flannigan (age 49) a W/F, who's date of birth is 12/23/1954. The text messages indicated that the two had had sexual contact. Mrs . •• 'lrtsstated that Carol Flannigan iS1l.... 111i5 M id she confronted her son about the sexual messages and he been having a sexual relationship 'With Mrs. Flannigan for the past two years. Mrs tacted the School Board Administration and reported this information, who in turn contacted thePalm Beach County Sheriffs Office.Jor further investigation. ~(:: On January 6, 2004, a forensic interview was conducted Protection Team. During this intervi ted that he had in

in sexual intercourse with h -. nor Caroll met Mrs. Flannigan in the III Mrs. Rannigan befrieded his nd his two younger brothers gan visiting Mrs. Flannigan at her home, which included spending the night in her bedroom.

Page 1 of 4



NARRATIVE CONTINUATION said the first sexuat contact occurred in Jun~ 2002 at Mrs.Aannigan's home in Boca Raton, Florida. This sexual contact happened in berbecroorn on top of a sleeping bag. His brothers were in the living room sleepin'g and Mrs. Flannigan's husband was at work.. Mrs. Flannigan's son was in his bedroom sleeping. I said Mrs. Flannigan approached his sleeping bag and kissed him on his cheek and neck. She whisppered something in his ear which he did not understand, but he replied, "um huh". Mrs. Flannigan then "frenched kissing" him, which 1 P described as a tongue to tongue, open mouth kiss. She then grabbed his hand With her hand and made him massage her breast. Mrs. Flannigan then took's hand to her "private part", which described as her vagina. He said she would move his hand around her genital area and then uided his finger inside her vagina, moving it in and out. Mrs. Flannigan then said Ifl have a surpirse for you" and she removed his shorts and boxer shorts. Mrs. Flannigan then began fond/in penis, which he states became bigger. Mrs. Aannigan put her mouth on erect penis. Mrs. Flannigan then got on top otS 1and put his penis inside her vagina and began moving back and forth. The following day Mrs. Flannigan told, that she was sorry, and that she was lonely. She told him not to tell or he would get in trouble wi~~ his parents and be taken away . .... said on three separate ocassions Mrs. Flannigan took he and his brothers to Orlando. The first and third time they had sexual intercourse. The second time they went to Orlando, they did not have sexual intercourse because he was sick •• ts that Mrs. Flannigan was mad, at him because he would not have sexual intercourse with her. During the trips that Mrs. Flannigan had sexual intercourse his brothers were sent out of the: hotel room. ... said in June 2003, he was in the rl9 Z r I and Mrs. Flannigan wDuldtake him to the meetings, which were held at the Lantana Airport, describ~d that oral sex occurred when she would take him to the meetings. said that' foif6Mrig the meetings she would take him to a remote area in the Lantana Airport parkilJQ lot as well as John Prince Park in Lake Worth. 11 said that Mrs. Flanniganwdtz}d pull down his pants and perform oral sex on hrn on numerous occasions ...... that on some occasions he would ejaculate in Mrs. Flannigan's' mouth. She would then want to kiss him stating she wanted him to taste ft. described ejaculation as feeling like he needed to "pee" and when he did "pee", it "ticxled."


' (/




Mrs. Flannigan had sexual interCourse with him on numerous her home, stating that the same type of behavior occurred each time. occasions a

mother. A one party consent phone cctn was made to Mrs. Flannigan's cell phone (561-373-6664). During this phone conversation co.hfronted Mrs. Flannigan about the sexual relationship. IJ told Mrs. Flannigan that his mother had found tt1e text messages on his phone which stated that they had sex with one another. He asked her what he should do. Mrs. Flannigan continue lying about their sexual relationship and to only say that they kissed. She continued to teU hrm that she loved him with al1 her heart I b then said, "'rfs more than that, you know we had sex. that is more than a kiss." Mrs. Flannigan replied, "yes. L tt{his middle name) if you never want to see me again" said that they could still be friends. but his parents aremad and think he is tying because they found the messages. Mrs. Flannigan said that if he did teU the truth her life would be over, stating, "do you want to kill me or get me in trouble?". Mrs. Aannigan told he should not write or talk on the phone about the sexuat refationhip and asked him ff anyone was listening on the phone. Mrs. Flannigan said she "knew in this world,' it was wrong· and said she was sorry. Mrs. Flannigan said that J & had told her in the past that he did not want to kiss her anymore and she said, "fine, we will be friends." J & said that that is not what happened, that he was telling her he did not want to kiss or have sex with her, but she kept pushing. Mrs. Flannigan replied, "no, you initiated lt," Mrs. Flannigan said that she has tried to fight her feelings for, said. "of aH the men/males in the wortd, why did you pick me to have sex with?"'. Mrs. Aa:hnigan replied, "I told why, I don't know why it happened, I don't know why! loveyou so much." She said this has never happened before and would never happen again. Mrs. Flannigan asked if she hurt him. replied, "physically no but menrafly yes." Mrs. Flannigan denied sexually abusing either of is brothers. Mrs. Flannigan said that if J i parents took him to the doctor to be examined to see if he had sex, she. should just go home and kill herself. Mrs. Flannigan said that she would give I $1,000. Mrs. Flannigan continued to be apologetic and say she did not know why she did this other than she loved him.

After the forensic interview, I responded to

residence witt1 he and his step-


On January 7,2004, I responded to the home of Caroi Flannrqan. Carol Aannigan was not at the residence, however she calied the home. She indicated that she was at her sisters home in Jupiter, Florida. Road Patrol Deputies responded to that location and placed Carol Flannigan under arrest. She was transported to the Palm Beach County Sheriffs Office. Carol'Flannigan was read her MirandB Rights and exercised her right to remain silent and consult with an attorney prior to giving any statements.

Page 3 014



Carol Flannigan was arr-ested for two counts 'of SexuaJ Battery on a Child Less than 12 years of age, pursuant to Florida State Statute 794.011 (2)(a). She was also charged with two counts of Lewd or Lascivious Battery, pursuant to Florida State Statute 800.04{4 )(A) and two counts of Sexual Battery by a Familial or Custodial Authority, pursuant to Florida State Statute 794.011(8)(b). She was booked into the Patm Beach
Cou nty Jail.




(Ptoa$3 Date



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