Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CHARLES SCHMIDT
Judges: G. W. CHISENHALL
Agency: Department of Education
Locations: Deland, Florida
Filed: Feb. 14, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 17, 2018.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 167-2627
CHARLES MICHAEL SCHMIDT,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against CHARLES MICHAEL SCHMIDT. 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 649670, covering the areas
of Social Science and Middle Grades, which is valid through June 30, 2021.
2. At all times pertinent hereto, the Respondent was employed as a Social Science
Teacher at South Seminole Middle School in the Seminole County School District.
MATERIAL ALLEGATIONS
3. On or about November 18, 2016, Respondent inappropriately disciplined two
male students, M.H. and M.T., when they refused to leave the school gymnasium as instructed.
Respondent forcefully pushed the two students out of the school gymnasium.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)(j), Florida Statutes,
CHARLES MICHAEL SCHMIDT
Administrative Complaint
Page 2 of 2
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)5, Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
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 i) day ot Boplamndahs 2017
(ae =e
PAM STEWART, as -
Commissioner of Education
State of Florida
Docket for Case No: 18-000809PL
Issue Date |
Proceedings |
Apr. 17, 2018 |
Order Granting Joint Motion to Close File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 16, 2018 |
Joint Motion to Close File filed.
|
Apr. 16, 2018 |
Notice of Service of Interrogatories and Request for Production filed.
|
Apr. 04, 2018 |
Notice of Appearance filed.
|
Mar. 12, 2018 |
Order of Pre-hearing Instructions.
|
Mar. 12, 2018 |
Notice of Hearing (hearing set for April 25, 2018; 9:00 a.m.; Deland, FL).
|
Feb. 23, 2018 |
Petitioner's Response to Initial Order filed.
|
Feb. 14, 2018 |
Letter to Charles Schmidt from Gretchen Brantley regarding rejecting your request for hearing filed.
|
Feb. 14, 2018 |
Dispute of Facts filed.
|
Feb. 14, 2018 |
Administrative Complaint filed.
|
Feb. 14, 2018 |
Election of Rights filed.
|
Feb. 14, 2018 |
Agency referral filed.
|
Feb. 14, 2018 |
Initial Order.
|