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.
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Feb. 05, 2015 |
(Petitioner's) Notice of Serving Answers to Respondent's First Set of Interrogatories and Request for Production to Petitioner filed.
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Feb. 03, 2015 |
Petitioner's (Proposed) Exhibit List filed.
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Feb. 03, 2015 |
Petitioner's Witness List filed.
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Jan. 27, 2015 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
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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.
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Dec. 10, 2014 |
Respondent's Notice of Serving Discovery Requests to Petitioner filed.
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Dec. 02, 2014 |
Certificate of Service of Discovery filed.
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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).
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Oct. 27, 2014 |
Respondent's Motion to Continue and Reschedule Final Hearing filed.
|
Sep. 17, 2014 |
Order of Pre-hearing Instructions.
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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.
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Sep. 15, 2014 |
Petitioner's Response to Initial Order filed.
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Sep. 08, 2014 |
Initial Order.
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Sep. 08, 2014 |
Administrative Complaint filed.
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Sep. 08, 2014 |
Letter to Braden Vicari from Gretchen Brantley regarding your client's current petition/request for a formal hearing.
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Sep. 08, 2014 |
Election of Rights filed.
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Sep. 08, 2014 |
Agency referral filed.
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