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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ADAM SOUILLIARD, 17-003861PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003861PL Visitors: 20
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ADAM SOUILLIARD
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Gainesville, Florida
Filed: Jul. 07, 2017
Status: Closed
Recommended Order on Tuesday, November 21, 2017.

Latest Update: Feb. 23, 2018
Summary: Whether Respondent violated section 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(2)(a)1., as alleged in the Administrative Complaint; and, if so, the appropriate penalty.Petitioner proved that Respondent left students unsupervised, warranting a 30-day suspension of his educator's certificate.
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PAM STEWART,

Commissioner of Education, Petitioner,

Before the Education Practices Commission of the State of Florida


vs. EPC CASE m 17-0352-RT

DOAH CASE m 17-3861PL

ADAM SOUILLIARD, PPS m 156-3468 CERTIFICATE m 880641

Respondent.

/


Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on January 31, 2018, in Altamonte Springs, Florida, for consideration of the Recommended Order entered in this case by E. GARY EARLY, Administrative Law Judge. Respondent was not present but, was represented by Eric J. Lindstrom, Esq.

Petitioner was represented by Darby Shaw, Esq. Attached hereto as Exhibit A is a copy of Petitioner’s Exceptions to Recommended Order.

Ruling on Exceptions


Petitioner’s Exception: The Commission accepted the exception as to paragraphs 49 and 50, and footnote 7 of the conclusions of law of the Recommended Order.


Findings of Fact


1. The Panel hereby adopts the findings of fact in the Recommended Order.



Filed February 23, 2018 8:10 AM Division of Administrative Hearings


There is competent substantial evidence to support these findings of fact.


Conclusions of Law


  1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

  2. The Panel hereby adopts the conclusions of law in the Recommended Order as amended.

Penalty


Upon a complete review of the record in this case, it is therefore ORDERED that:


  1. Respondent’s Florida educator’s certificate is hereby suspended for a period of 30 days from the date of this Final Order.

  2. Respondent is hereby issued a letter of reprimand.


  3. Upon employment in any public or private position requiring a Florida educator=s certificate, Respondent shall be placed on 2 employment years of probation with the conditions that during that period, (s)he shall:

  1. 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.

  2. Have Respondent=s immediate supervisor submit annual performance reports to the investigative office in the Department of Education.

  3. Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator.

  4. Violate no law and shall fully comply with all district school board policies, school rules, and State Board of Education rules.


  5. Satisfactorily perform all assigned duties in a competent, professional manner.


  6. Bear all costs of complying with the terms of a final order entered by the Commission.

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


DONE AND ORDERED, this 22 day of February, 2018.



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 furnished to ADAM SOUILLIARD, 3310 Northwest 31st Avenue, Gainesville, FL 32605 and Eric J. Lindstrom, Post Office Box 2231, Orlando, FL 32802 by Certified U.S. Mail, by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 this 22 day of February, 2018.


COPIES FURNISHED TO:


Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Alachua County Schools 620 E. University Ave.

Gainesville, FL 32601-5498


Supervisor of Personnel Alachua County Schools 620 E. University Ave.

Gainesville, FL 32601-5498


Lee Ann Gustafson

Senior Assistant Attorney General


E. GARY EARLY Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Claudia Llado, Clerk

Division of Administrative Hearings Probation


Docket for Case No: 17-003861PL
Issue Date Proceedings
Feb. 23, 2018 Petitioner's Exceptions to Recommended Order filed.
Feb. 23, 2018 Agency Final Order filed.
Nov. 21, 2017 Recommended Order (hearing held September 6, 2017). CASE CLOSED.
Nov. 21, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 25, 2017 Respondent's Proposed Recommended Order filed.
Oct. 25, 2017 Petitioner's Proposed Recommended Order filed.
Oct. 09, 2017 Order Granting Extension of Time.
Oct. 09, 2017 Respondent's Unopposed Motion for Extension of the Deadline to File Proposed Recommended Orders filed.
Oct. 05, 2017 Transcript of Proceedings (not available for viewing) filed.
Sep. 06, 2017 CASE STATUS: Hearing Held.
Aug. 31, 2017 Notice of Scheduling Court Reporter filed.
Aug. 28, 2017 Joint Pre-hearing Statement filed.
Aug. 28, 2017 Petitioner's Exhibit List filed.
Aug. 28, 2017 Petitioner's Witness List filed.
Aug. 28, 2017 Respondent's Exhibit List filed.
Aug. 28, 2017 Respondent's Witness List filed.
Aug. 10, 2017 Respondent's Response to Petitioner's First Request for Admissions to Respondent filed.
Aug. 10, 2017 Respondent's Response to Petitioner's First Request for Production of Documents to Respondent filed.
Aug. 10, 2017 Respondent's Response to Petitioner's First Set of Interrogatories to Respondent filed.
Jul. 19, 2017 Amended Notice of Hearing (hearing set for September 6, 2017; 10:00 a.m.; Gainesville, FL; amended as to Venue).
Jul. 18, 2017 Order of Pre-hearing Instructions.
Jul. 18, 2017 Notice of Hearing (hearing set for September 6, 2017; 10:00 a.m.; Gainesville, FL).
Jul. 11, 2017 Certificate of Service of Discovery filed.
Jul. 11, 2017 Respondent's First Set of Interrogatories to Petitioner Pam Stewart filed.
Jul. 11, 2017 Respondent's First Request for Production of Documents to Petitioner Pam Stewart filed.
Jul. 10, 2017 Amended Joint Response to Initial Order filed.
Jul. 10, 2017 Joint Response to Initial Order filed.
Jul. 07, 2017 Initial Order.
Jul. 07, 2017 Notice of Appearance (Eric Lindstrom).
Jul. 07, 2017 Administrative Complaint filed.
Jul. 07, 2017 Election of Rights filed.
Jul. 07, 2017 Agency referral filed.

Orders for Case No: 17-003861PL
Issue Date Document Summary
Feb. 22, 2018 Agency Final Order
Nov. 21, 2017 Recommended Order Petitioner proved that Respondent left students unsupervised, warranting a 30-day suspension of his educator's certificate.
Source:  Florida - Division of Administrative Hearings

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