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PAM STEWART, AS COMMISSIONER OF EDUCATION vs CHARLES SCHMIDT, 18-000809PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-000809PL Visitors: 30
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: Mar. 29, 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.
Source:  Florida - Division of Administrative Hearings

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