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.
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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.
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Jan. 03, 2017 |
Petitioner's Unopposed Motion to Close File and for Remand to the Education Practices Commission filed.
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Dec. 13, 2016 |
Order Canceling Hearing and Requiring Status Report (parties to advise status by January 13, 2017).
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Dec. 13, 2016 |
Petitioner's Unopposed Motion to Cancel Formal Hearing and for Abeyance filed.
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Dec. 09, 2016 |
Pre-Hearing Stipulation filed.
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Dec. 06, 2016 |
Notice of Scheduling Court Reporter filed.
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Dec. 05, 2016 |
Petitioner's Notice of Service of Respondent's Deposition Transcript filed.
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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.
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Nov. 01, 2016 |
Notice of Service of Respondent's Response to Petitioner's Second Request for Production of Documents filed.
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Oct. 19, 2016 |
Petitioner's Second Request for Production of Documents filed.
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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 ).
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Oct. 14, 2016 |
Unopposed Motion to Continue Final Hearing filed.
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Oct. 04, 2016 |
Notice of Taking Respondent's Deposition filed.
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Sep. 28, 2016 |
Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
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Sep. 28, 2016 |
Respondent's Notice of Service of Answers to Interrogatories filed.
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Sep. 28, 2016 |
Respondent's Responses to Petitioner's First Request for Admissions filed.
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Sep. 16, 2016 |
Petitioner's Response to Respondent's Request for Production of Documents filed.
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Sep. 16, 2016 |
Notice of Service of Petitioner's Answers to Respondent's Interrogatories filed.
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Sep. 14, 2016 |
Notice of Service of Interrogatories and Request for Production filed.
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Sep. 08, 2016 |
Order of Pre-hearing Instructions.
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Sep. 08, 2016 |
Notice of Hearing (hearing set for November 8, 2016; 10:00 a.m.; Live Oak, FL).
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Sep. 01, 2016 |
Petitioner's Request for Admissions filed.
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Sep. 01, 2016 |
Petitioner's First Request for Production of Documents filed.
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Sep. 01, 2016 |
Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
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Sep. 01, 2016 |
Joint Response to Initial Order filed.
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Aug. 29, 2016 |
Initial Order.
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Aug. 29, 2016 |
Administrative Complaint filed.
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Aug. 29, 2016 |
Letter to Marian Lambeth from Carol Buxton advising of counsel filed.
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Aug. 29, 2016 |
Election of Rights filed.
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Aug. 29, 2016 |
Agency referral filed.
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