STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Comumissioner of Education, Petitioner, vs. CASE NO. 123-1909 SHAWN DION LIVINGSTON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against SHAWN DION LIVINGSTON. 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 6A-10.081, 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: 1, The Respondent holds Florida Educator’s Certificate 980060, covering the areas of Educational Leadership, Elementary Education, Unglish and Exceptional Student Education, which is valid through June 30, 2015. 2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal at Rodgers Middle School in the Hillsborough County School District, MATERIAL ALLEGATIONS 3. Atall times pertinent hereto, Respondent was the administrator that was assigned to oversee the school’s Physical Education Department. 4, On multiple occasions during the fall of 2012, Physical Education Teachers Garrick Gawrych and Ryan McFarland approached Respondent to discuss the lack of involvement of the ESE aides during Mr. Gawrych’s ESE physical education class. SHAWN DION LIVINGSTON Administrative Complaint Page 2 of 3 5. Qn or about October 16,2012, Mr. Gawrych spoke to Respondent about the lack of involvement of the ESE aides during Mr. Gawrych’s ESE physical education class. 6. On or about October 16, 2012, Mr. Gawrych sent Respondent an ernail reminding him to speak to the ESE aides about their roles and responsibilities during physical education class. 7. On or about October 22, 2012, during an ESE physical education class, Mr. Gawrych was experiencing difficulties monitoring eleven-year-old ESE student, J.C. At one point, J.C. climbed underneath the bleachers. After Mr. Gawrych brought J _C. out from under the bleachers, Mr, Gawrych asked two of the aides to “keep an eye on’ J.C. Later, during the same physical education class, J.C. went missing. Administration was alerted anda school lockdown was initiated. J.C.’s disappearance was reported to the Hillsborough County Sheriff’s Office. At approximately 6:30 p.m., the Hillsborough County Sheriff's Office found J.C. deceased in a pond on the school’s campus. 8. On or about December 6, 2012, the Hillsborough County School District notified Respondent that he was the subject of a personnel investigation related to the events described herein. 9, On or about January 15, 2013, the Hillsborough County School Board terminated Respondent’s. employment. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT2: The Respondentis in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to Jearning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) SHAWN DION LIVINGSTON 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 ora 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 Ip day of Moveelage, 2013. Commissioner of Education State of Florida

Docket for Case No: 14-003096PL