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PAM STEWART, AS COMMISSIONER OF EDUCATION vs DAVID LAXTON, 16-004965PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004965PL Visitors: 13
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DAVID LAXTON
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Live Oak, Florida
Filed: Aug. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 4, 2017.

Latest Update: Nov. 14, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 145-1423 DAVID EUGENE LAXTON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DAVID EUGENE LAXTON. 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: JORISDICTION 1. The Respondent holds Florida Educator’s Certificate 514959, covering the areas of Biology, General Science, Physical Education and Middle Grades, which is valid through June 30, 2017. 2 At all times pertinent hereto, the Respondent was employed as a Science Teacher at Suwannee High School in the Suwannee County School District. MATERIAL ALLEGATIONS 3. In or around October 6, 2014, Respondent failed to report to administration or parent(s) when B.H., a seventeen year old, male, student wrestler, punched J.M., a fifteen year old, male, student wrestler, in the face with a closed fist causing injury to J.M. Further, Respondent failed to fill out and file the required accident/incident report following the altercation between B.H. and J.M. DAVID EUGENE LAXTON Administrative Complaint Page 2 of 3 4, On or about October 17, 2014, Respondent resigned in lieu of termination from his coaching position with the District. Respondent remained employed as an academic teacher with the District. 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 employée of the school board. COUNT 2: The Respondent is 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 learning and/or to the student’s mental health and/or physica! health and/or safety. (SIGNATURE ON FOLLOWING PAGE) DAVID EUGENE LAXTON 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 4st day of _ September 2015, PAM STEWART, as Commissioner of Education. State of Florida

Docket for Case No: 16-004965PL
Issue Date Proceedings
Jan. 04, 2017 Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
Jan. 03, 2017 Petitioner's Unopposed Motion to Close File and for Remand to the Education Practices Commission filed.
Dec. 13, 2016 Order Canceling Hearing and Requiring Status Report (parties to advise status by January 13, 2017).
Dec. 13, 2016 Petitioner's Unopposed Motion to Cancel Formal Hearing and for Abeyance filed.
Dec. 09, 2016 Pre-Hearing Stipulation filed.
Dec. 06, 2016 Notice of Scheduling Court Reporter filed.
Dec. 05, 2016 Petitioner's Notice of Service of Respondent's Deposition Transcript filed.
Dec. 02, 2016 Petitioner's Notice of Filing and Serving Witness List and Exhibits List and Notice of Providing Proposed Exhibits to the Respondent filed.
Nov. 01, 2016 Notice of Service of Respondent's Response to Petitioner's Second Request for Production of Documents filed.
Oct. 19, 2016 Petitioner's Second Request for Production of Documents filed.
Oct. 18, 2016 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 14, 2016; 9:00 a.m.; Live Oak, FL; amended as to ).
Oct. 14, 2016 Unopposed Motion to Continue Final Hearing filed.
Oct. 04, 2016 Notice of Taking Respondent's Deposition filed.
Sep. 28, 2016 Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
Sep. 28, 2016 Respondent's Notice of Service of Answers to Interrogatories filed.
Sep. 28, 2016 Respondent's Responses to Petitioner's First Request for Admissions filed.
Sep. 16, 2016 Petitioner's Response to Respondent's Request for Production of Documents filed.
Sep. 16, 2016 Notice of Service of Petitioner's Answers to Respondent's Interrogatories filed.
Sep. 14, 2016 Notice of Service of Interrogatories and Request for Production filed.
Sep. 08, 2016 Order of Pre-hearing Instructions.
Sep. 08, 2016 Notice of Hearing (hearing set for November 8, 2016; 10:00 a.m.; Live Oak, FL).
Sep. 01, 2016 Petitioner's Request for Admissions filed.
Sep. 01, 2016 Petitioner's First Request for Production of Documents filed.
Sep. 01, 2016 Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
Sep. 01, 2016 Joint Response to Initial Order filed.
Aug. 29, 2016 Initial Order.
Aug. 29, 2016 Administrative Complaint filed.
Aug. 29, 2016 Letter to Marian Lambeth from Carol Buxton advising of counsel filed.
Aug. 29, 2016 Election of Rights filed.
Aug. 29, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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