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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MICHAEL MAYNARD, 17-001899PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-001899PL Visitors: 12
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL MAYNARD
Judges: YOLONDA Y. GREEN
Agency: Department of Education
Locations: New Port Richey, Florida
Filed: Mar. 27, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 21, 2017.

Latest Update: Sep. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-2413 MICHAEL WESLEY MAYNARD, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MICHEAL WESLEY MAYNARD. 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 838040, covering the areas of English, English for Speakers of Other Languages (ESOL) and Social Science, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at River Ridge High School in the Pasco County School District. MATERIAL ALLEGATIONS 3. Respondent has a history of warnings and discipline related to inappropriate and disparaging comments to students. Examples include but are not limited to: a) On or about April 2, 2009, Respondent was issued a letter of caution by his district for issues including but not limited to use of profanity in the classroom and making religiously insensitive remarks in the classroom. MICHAEL WESLEY MAYNARD Administrative Complaint Page 2 of 4 b) On or about September 7, 2010, Respondent was issued a letter of caution for calling a student a “dirt bag.” c) On or about December 20, 2012, Respondent received a letter from his principal cautioning him against unprofessional language in the classroom. d) On or about March 31, 2014, Respondent was issued a letter by his principal admonishing Respondent for his use of profanity with students and Respondent’s unprofessional communication with students and their parents. 4. During the 2015/2016 school year, Respondent disparaged students in manners that included but were not limited to the following: e) On or about December 15, 2015, Respondent suggested in front of classmates that T.A., a fourteen year old, male student, might be gay after hearing T.A. laugh. T.A. was embarrassed by Respondent’s comment. f) Respondent ridiculed students’ religious beliefs telling them that God did not exist. g) Respondent ridiculed students and their parents for his assumption that they were politically affiliated with the Republican Party. h) Respondent called students stupid and dumb or words to that effect. i) Respondent called out and embarrassed students whose parents had complained about Respondent’s conduct leaving students intimidated and afraid to complain about the class. j) Respondent made comments to students suggesting they would not attend college and instead would work at menial jobs. k) Respondent revealed confidential student information when he singled students out telling the rest of the class about their low grades. MICHAEL WESLEY MAYNARD Administrative Complaint Page 3 of 4 5. On or about May 31, 2016, Respondent’s Superintendent of Schools recommended Respondent for termination from his teaching position with the district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, 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 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)4, Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student’s academic program. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) MICHAEL WESLEY MAYNARD Administrative Complaint Page 4 of 4 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 LIV day of 7UVUNBUL 2016. f / a / PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-001899PL
Issue Date Proceedings
Jun. 29, 2017 Transmittal letter from Claudia Llado forwarding the one-volume Transcript to the Petitioner.
Jun. 26, 2017 Transcript of Proceedings (not available for viewing) filed.
Jun. 21, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 20, 2017 Joint Motion to Close File filed.
Jun. 20, 2017 Notice of Scheduling Court Reporter filed.
Jun. 15, 2017 CASE STATUS: Pre-Hearing Conference Held.
Jun. 15, 2017 Petitioner's Supplement to Petitioner's Exhibit List filed.
Jun. 13, 2017 Joint Pre-hearing Stipulation filed.
Jun. 12, 2017 Petitioner's Fourth Amended Witness List filed.
Jun. 12, 2017 Notice of Telephonic Pre-hearing Conference (set for June 15, 2017; 10:30 a.m.).
Jun. 07, 2017 Petitioner's Exhibit List filed (minor names, not available for viewing). 
 Confidential document; not available for viewing.
Jun. 07, 2017 Petitioner's Third Amended Witness List filed.
Jun. 07, 2017 Petitioner's Second Amended Witness List filed.
Jun. 06, 2017 Petitioner's Amended Witness List filed.
Jun. 01, 2017 Respondent's Witness List filed.
Jun. 01, 2017 Respondent's Exhibit List filed.
May 16, 2017 Order Granting Continuance and Rescheduling Hearing (hearing set for June 20 and 21, 2017; 9:30 a.m.; New Port Richey, FL).
May 16, 2017 Petitioner's Unopposed Motion to Schedule Hearing for Two Days and Motion to Continue Final Hearing filed.
May 16, 2017 Petitioner's Witness List filed.
May 02, 2017 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Apr. 07, 2017 Order of Pre-hearing Instructions.
Apr. 07, 2017 Notice of Hearing (hearing set for June 2, 2017; 9:30 a.m.; New Port Richey, FL).
Apr. 03, 2017 Certificate of Service of Discovery filed.
Apr. 03, 2017 Joint Response to Initial Order filed.
Mar. 28, 2017 Initial Order.
Mar. 27, 2017 Notice of Appearance (M. Herdman).
Mar. 27, 2017 Administrative Complaint filed.
Mar. 27, 2017 Election of Rights filed.
Mar. 27, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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