Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEVEN GILCHRIST
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Mar. 19, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 6, 2015.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS. CASE NO. 123-1286
STEVEN JOHN GILCHRIST,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against STEVEN JOHN GILCHRIST. 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:
JURISDICTION
1, The Respondent holds Florida Educator’s Certificate 581839, covering the area of
Mathematics, which is valid through June 30, 2019.
2. At all times pertinent hereto, the Respondent was employed as a History Teacher
at Frank Peterson Academy in the Duval County Schoo! District,
MATERIAL ALLEGATIONS
3. On or about March 8, 2011, Respondent made the following inappropriate
statements (or statements to the same effect) during class and in the presence of students and a
colleague:
on,
(2) “do you want to pet my pussy?”; followed by
(b) “get that cat out of the way.”
STEVEN JOHN GILCHRIST
Administrative Complaint
Page 2 of 3
4.- On or about April 23, 2012, in the presence of a student and a colleague,
Respondent made an inappropriate sexual comment and gesture mimicking masturbation when
referring to the reason a student’s arm was in a cast.
5. On or about July 16, 2012, as a result of Respondeni’s conduct alleged in
paragraphs 3 and 4 herein, the Duval County School District (District) issued Respondent a letter
of reprimand and suspended Respondent's employment for i5 days without pay.
6. On or about October 18, 2013, Respondent became angry during class and kicked
a classroom chair. The subject chair nearly hit a student.
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
effectiveness as an employee of the school board.
COUNT 2: 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 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 learning and/or to the student’s mental
health and/or physical health and/or safety,
! COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(3Xe), Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
STEVEN JOHN GILCHRIST
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 barrmg the Respondent from reapplying for an educator's
certificate for a period of time up to 10 years or permanently.
EXECUTED on this 4 aayor_ December, 2014.
Ly cLeborees
PAM STEWART, as
Commissioner of Education
State of Florida
Ne
“OD WE se
EDUCATION PRACTICES COMMISSION
STATE OF FLORIDA
GRETCHEN KELLEY BRANTLEY MARK STRAUSS
Executive Director Chairperson
LEE ANN GUSTAFSON . DAVID THOMPSON
Counsel Co-Chairperson
March 19, 2015
Steven Gilchrist
4251 Ortega Farms Circle
Jacksonville, Florida 32210
RE: Pam Stewart, as Commissioner of Education vs. Steven Gilchrist
DOE #581839
EPC Case # 15-0124-RT (reference all correspondence with this number)
Dear Mr. Gilchrist:
On March 13, 2015, the Department of Education (DOE) filed your case with us, the Education Practices
Commission (EPC) to review and take appropriate action based upon the Election of Rights you
submitted. As you requested, we are forwarding your case to the Division of Administrative Hearings
(DOAH) for a formal hearing. DOAH will notify you as to the date, time and location of your formal
hearing. It is important that you review and timely respond to all documents you receive and comply with
all deadlines assigned, so that you have the opportunity to dispute any of the facts alleged. If you are Pro
Se, DOAH’s website has an entire section on representing yourself.
Once DOAH hears your case, the Administrative Law Judge will submit a Recommended Order back to
us, the EPC, to take final agency action. We will schedule your case for a final hearing. We will notify
you as to the date, time and location of your final hearing.
All address changes after filing the Election of Rights, must be filed in writing with us, the EPC. It is
your responsibility to make sure your address is up-to-date and you check your mail. Our office will move
your case forward with or without your participation. If you have any questions, we can be reached at
(850) 245-0455.
Sincerely, ° J. |
- Fr
Gretchen Kelley Brantley, as Clerk of EPC
Ce: Ron Weaver, Esquire
Tad Delegal, Ill, Esquire
Duval County Schools
Office of Professional Practices Services
Counsel for Professional Practices Services
Bureau of Educator Certification
325 W. Gaines Street 316 Turlington Building Tallahassee, FL 32399-0400 (850) 245-0455
Docket for Case No: 15-001555PL
Issue Date |
Proceedings |
Aug. 06, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 06, 2015 |
(Petitioner's) Unopposed Motion to Close File filed.
|
Aug. 05, 2015 |
Notice of Withdrawal as Counsel of Record (for Respondent) filed.
|
Jul. 07, 2015 |
Order Allowing Testimony by Telephone.
|
Jul. 06, 2015 |
(Petitioner's) Unopposed Motion for Witness to Appear at Final Hearing by Telephone filed.
|
Jul. 06, 2015 |
Petitioner's (Proposed) Exhibit List filed.
|
Jul. 06, 2015 |
Petitioner's Witness List filed.
|
May 18, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 18, 2015; 9:30 a.m.; Jacksonville, FL).
|
May 15, 2015 |
(Respondent's) Unopposed Motion for Continuance filed.
|
May 14, 2015 |
Notice of Substitution of Counsel (Stephanie Schaap) filed.
|
Apr. 01, 2015 |
Order of Pre-hearing Instructions.
|
Apr. 01, 2015 |
Notice of Hearing by Video Teleconference (hearing set for June 4, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Mar. 31, 2015 |
Petitioner's Amended Response to Initial Order filed.
|
Mar. 26, 2015 |
Petitioner's Response to Initial Order filed.
|
Mar. 20, 2015 |
Initial Order.
|
Mar. 19, 2015 |
Answer to Administrative Complaint filed.
|
Mar. 19, 2015 |
Election of Rights filed.
|
Mar. 19, 2015 |
Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Mar. 19, 2015 |
Agency referral filed.
|
Mar. 19, 2015 |
Administrative Complaint filed.
|