Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: LIVINGSTON MANNERS
Judges: ROBERT E. MEALE
Agency: Department of Education
Locations: Orlando, Florida
Filed: Mar. 21, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 9, 2011.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO, 089-1920
LIVINGSTON DALTON MANNERS,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J, Smith, as Commissioner of Education, files this Administrative
Complaint against LIVINGSTON DALTON MANNERS. The Petitioner seeks the appropriate
disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315,
1012,795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative
Code, Principles 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 867037, covering the area of
t
Elementary Education, which is valid through June 30, 2011.
2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade English
for Speakers of Other Languages Teacher at West Oaks Elementary School in the Orange County
School District.
MATERIAL ALLEGATIONS
3. During the 2008/2009 fall semester, Respondent falsified student progress report
grades by arbitrarily assigning grades rather than basing those grades on student performance.
Respondent failed to maintain student grades in the electronic grading system employed by his
school. Subsequent to releasing progress reports, Respondent provided administrators with a hand
written copy of grades for his students that was also not based on student performance and did not
match grades on progress reports.
Filed March 21, 2011 10:07 AM Division of Administrative Hearings
LIVINGSTON DALTON MANNERS
Administrative Complaint
Page 2 of 3
4, On or about June 19, 2009, Respondent drove his vehicle to allow his passenger to
transact to sell counterfeit Cocaine to an undercover law enforcement officer while Respondent
watched. Respondent failed to timely follow the officer’s instructions when told to exit his vehicle.
Respondent was arrested and charged with, Count 1; Sale/Delivery/Possession with Intent to Sell
or Deliver Cocaine and Count 2, Resisting an Officer Without Violence. On or about May 5, 2010,
Count 1 was nolle prossed by the state attorney’s office and Respondent pled no contest to and the
court withheld adjudication of Count 2.
5. On or about January 13,2010, Respondent was terminated from his teaching position
with the district.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral! turpitude as
defined by rule of the State Board of Education.
COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board.
COUNT 3: The Respondent is in violation of Section 1012.795(1)q), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education mules.
RULE VIOLATIONS
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3){a), Florida Administrative Code, in that Respondent has failed to make reasonabie 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.
8
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or
misrepresented facts concerning am educational matter in direct or indirect public expression.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings.
(SIGNATURE ON FOLLOWING PAGE)
LIVINGSTON DALTON MANNERS
Administrative Complaint
Page 3 of 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
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, 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 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; determining the Respondent to be ineligible for certification; or barring the
Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or
permanently.
EXECUTED on this 2A>* day of i) 4 2010.
Commissioner of Education
State of Florida
Docket for Case No: 11-001493PL
Issue Date |
Proceedings |
May 12, 2011 |
Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits numbered 1-8 to the agency.
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May 09, 2011 |
Petitioner's Witness List filed.
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May 09, 2011 |
Petitioner's Exhibits List (exhibits not available for viewing) |
May 09, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
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May 09, 2011 |
Petitioner's First Request for Admissions to Respondent filed.
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May 09, 2011 |
Petitioner's Motion to Deem Facts Admitted and Relinquish Jurisdiction to the Education Practices Commission filed.
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May 05, 2011 |
Petitioner's Exhibit List (exhibits not attached) filed.
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May 05, 2011 |
Petitioner's Witness List filed.
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May 05, 2011 |
Letter to Judge Van Laningham from R. Weaver regarding exhibits filed.
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May 03, 2011 |
Order Denying Petitioner`s Motion to Relinquish Jurisdiction.
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Apr. 25, 2011 |
Petitioner's Motion to Deem Facts Admitted and Relinquish Jurisdiction to the Education Practices Commission filed.
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Apr. 05, 2011 |
Order of Pre-hearing Instructions.
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Apr. 05, 2011 |
Notice of Hearing by Video Teleconference (hearing set for May 13, 2011; 9:00 a.m.; Orlando and Tallahassee, FL).
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Apr. 01, 2011 |
Certificate of Service of Discovery filed.
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Mar. 30, 2011 |
Unilateral Response to Initial Order filed.
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Mar. 21, 2011 |
Initial Order.
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Mar. 21, 2011 |
Election of Rights filed.
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Mar. 21, 2011 |
Agency referral filed.
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Mar. 21, 2011 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Mar. 21, 2011 |
Administrative Complaint filed.
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