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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ELIZABETH LENHART, 14-004151PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004151PL Visitors: 34
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ELIZABETH LENHART
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Bartow, Florida
Filed: Sep. 08, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 9, 2015.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 101-2663 ELIZABETH LENHART, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ELIZABETH LENHART. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.3 15, 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: JURISDICTION lL. The Respondent holds Florida Educator’s Certificate 919046, covering the areas of Biology and Chemistry, which is valid through June 30, 2017, 2, At all times pertinent hereto, the Respondent was employed as a Science Teacher at Lake Gibson High School in the Polk County School District. MATERIAL ALLEGATIONS 3. On or about August 20, 2010, in Polk-County, Florida, law enforcement officers discovered marijuana and two pipes, commonly used to smoke marijuana, in Respondent’s home. Respondent was arrested and charged with two Counts of Possession of Cannabis Under 20 Grams, two Counts of Possession of Drug Paraphernalia, Maintaining a Dwelling For Drug Use, and Maintaining a Vehicle For Drug Use. 4, On or about September 24, 2010, an Amended Information was filed against Respondent with the following charges: Count 1: Pogsession of Cannabis, Count 2: Possession of ELIZABETH LENHART Administrative Complaint Page 2 of 3 Cannabis, Count 3: Possession of Drug Paraphernalia, Count4: Maintaining a Structure For Keeping Controlled Substances, and Count 5: Possession of Drug Paraphernalia. 5. On or about January 20, 2011, Respondent entered into a pretrial intervention program. On or about May 20, 2011, an order of nolle prosequi was entered with respect to all counts. 6. On or about June 13, 2011, the Polk County School Board terminated Respondent’s employment, as a result of her various narcotics violations, 7. On or about June 27, 2011, Respondent submitted an Application For Instructional Position to the Baker County School District. On the “Professional & Other Work Experience” section of the application, Respondent falsely indicated that she was currently employed with the Polk County School District at Lake Gibson High School. The Petitioner charges; STATUTE VIOLATIONS COUNT i: 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 her effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)(j), 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 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5\a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 5: The Respondent is in violation of Rule 6A-10.081(5)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in her own or another’s application for a professional position. (SIGNATURE ON FOLLOWING PAGE) ELIZABETH LENHART 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 Commnission 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 inchude, 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 fora 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 24 dayor Ceborucee 2014 Lhe PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-004151PL
Issue Date Proceedings
Apr. 09, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 08, 2015 (Petitioner's) Unopposed Motion to Close File filed.
Feb. 10, 2015 Amended Notice of Hearing (hearing set for April 14, 2015; 9:00 a.m.; Bartow, FL; amended as to location).
Feb. 09, 2015 Respondent's Notice of Taking Deposition (of Jonathan McKinney, Edward Hoiler, John Ripke, and Larry Hermes) filed.
Feb. 06, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 14, 2015; 9:00 a.m.; Bartow, FL).
Feb. 06, 2015 Respondent's Motion to Continue and Reschedule Final Hearing filed.
Feb. 05, 2015 (Petitioner's) Notice of Serving Answers to Respondent's First Set of Interrogatories and Request for Production to Petitioner filed.
Feb. 03, 2015 Petitioner's (Proposed) Exhibit List filed.
Feb. 03, 2015 Petitioner's Witness List filed.
Jan. 27, 2015 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Jan. 27, 2015 Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
Jan. 12, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 24, 2015; 9:30 a.m.; Lakeland, FL).
Jan. 12, 2015 Respondent's Motion to Continue and Reschedule Final Hearing filed.
Dec. 10, 2014 Respondent's Notice of Serving Discovery Requests to Petitioner filed.
Dec. 02, 2014 Certificate of Service of Discovery filed.
Oct. 27, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 22, 2015; 9:30 a.m.; Lakeland, FL).
Oct. 27, 2014 Respondent's Motion to Continue and Reschedule Final Hearing filed.
Sep. 17, 2014 Order of Pre-hearing Instructions.
Sep. 17, 2014 Notice of Hearing by Video Teleconference (hearing set for November 13, 2014; 9:30 a.m.; Lakeland and Tallahassee, FL).
Sep. 17, 2014 Notice of Appearance (Branden Vicari) filed.
Sep. 15, 2014 Petitioner's Response to Initial Order filed.
Sep. 08, 2014 Initial Order.
Sep. 08, 2014 Administrative Complaint filed.
Sep. 08, 2014 Letter to Braden Vicari from Gretchen Brantley regarding your client's current petition/request for a formal hearing.
Sep. 08, 2014 Election of Rights filed.
Sep. 08, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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