Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: STEPHEN LAUSTER
Judges: JODI-ANN V. LIVINGSTONE
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Nov. 14, 2019
Status: Closed
Recommended Order on Tuesday, November 3, 2020.
Latest Update: Feb. 01, 2025
Summary: Whether Respondent, Stephen Lauster (Mr. Lauster or Respondent), violated section 1012.795(1)(g) and (j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(2)(a)1. and (2)(a)5.; and, if so, what disciplinary penalty should be imposed.Petitioner proved Respondent violated s. 1012.795(1)(j), F.S., and R. 6A-10.081(2)(a)1. and (2)(a)5. Recommended one year suspension.
19006070_282_02122021_16042130_e
Before the Education Practices Commission of the State of Florida
RICHARD CORCORAN,
Commissioner of Education, Petitioner,
vs. EPC CASE No. 19-0317-RT
Index No. 21-059-FOF DOAH CASE No. 19-6070PL
STEPHEN LAUSTER, PPS No. 189-0234 CERTIFICATE No. 664969
Respondent.
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Final Order
This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on January 29, 2021 in Tallahassee, Florida, via video conference, for consideration of the Recommended Order entered in this case JODI-ANN V. LIVINGSTONE, Administrative Law Judge. Respondent was not present and was represented by Nicholas Anthony Caggia, Esquire. Petitioner was represented by Bonnie A. Wilmot, Esquire and Ron Weaver, Esquire.
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Findings of Fact
The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.
There is competent substantial evidence to support the findings of fact.
Conclusions of Law
The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.
The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.
Penalty
Upon a complete review of the record in this case, the Commission determines that the Recommended Order issued by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:
Respondent’s certificate is hereby SUSPENDED for one (1) year from the date of this Final Order.
This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.
DONE AND ORDERED, this 5th day of February, 2021.
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT
COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN
THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL
MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Stephen Lauster, 703 East Valley Drive, Bonita Springs, Florida 34134 and Nicholas Anthony Caggia, Esquire, 510 Vonderburg Drive, Suite 303, Brandon, FL 33511 by Certified U.S. Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esquire, P.O. Box 770088, Ocala, FL 34477 this 5th day of February, 2021.
COPIES FURNISHED TO:
Office of Professional Practices Services Bureau of Educator Certification Superintendent
Collier County Schools 5775 Osceola Trail
Naples, FL 34109-0919
Certification Specialist Division of Human Resources Collier County Schools
5775 Osceola Trail
Naples, FL 34109-0919
Timothy Frizzell
Assistant Attorney General
JODI-ANN V. LIVINGSTONE
Administrative Law Judge
Division of Administrative Hearings 1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Claudia Llado, Clerk
Division of Administrative Hearings
Docket for Case No: 19-006070PL
Issue Date |
Proceedings |
Feb. 12, 2021 |
Agency Final Order filed.
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Nov. 20, 2020 |
Transmittal letter from Loretta Sloan forwarding records to the agency.
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Nov. 19, 2020 |
Transmittal letter from Loretta Sloan forwarding Petitioner's Exhibits to Petitioner.
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Nov. 18, 2020 |
Transmittal letter from Loretta Sloan forwarding records to the agency.
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Nov. 03, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 03, 2020 |
Recommended Order (hearing held August 4, 2020). CASE CLOSED.
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Oct. 09, 2020 |
Respondent's Proposed Recommended Order filed.
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Oct. 09, 2020 |
Petitioner's Proposed Recommended Order filed.
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Sep. 18, 2020 |
Order Granting Extension of Time.
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Sep. 18, 2020 |
Unopposed Motion for Extension of Time to File Proposed Recommended Order filed.
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Sep. 14, 2020 |
Notice of Filing Transcript.
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Sep. 14, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Aug. 13, 2020 |
Respondent's Exhibit #11 filed (Video of Bus Incident; exhibit not available for viewing). |
Aug. 04, 2020 |
CASE STATUS: Hearing Held. |
Aug. 03, 2020 |
Petitioner's Agreed upon Amended Witness List filed.
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Aug. 03, 2020 |
Respondent's (Proposed) Exhibit List filed (exhibits not available for viewing). |
Jul. 31, 2020 |
Respondent's Witness List filed.
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Jul. 31, 2020 |
Respondents Exhibit List (with Exhibits attached) filed.
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Jul. 31, 2020 |
Respondent's Notice of Filing Proposed Exhibits, Exhibit List, and Witness List filed.
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Jul. 29, 2020 |
Petitioner's Notice of Filing Proposed Exhibits filed (exhibits not available for viewing). |
Jul. 28, 2020 |
Joint Pre-Hearing Stipulation filed.
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Jul. 27, 2020 |
Petitioner's Notice of Filing Proposed Exhibits filed.
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Jul. 27, 2020 |
Petitioner's Second Amended Exhibit List filed.
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Jul. 27, 2020 |
Petitioner's Second Amended Witness List filed.
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Jul. 10, 2020 |
Order Granting Motion to Hold Final Hearing Via Zoom, Canceling Telephonic Pre-Hearing Conference, and Rescheduling Hearing by Zoom Conference (hearing set for August 4 through 6, 2020; 9:00 a.m.; Tallahassee; amended as to Hearing Type).
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Jul. 10, 2020 |
Notice of Telephonic Pre-hearing Conference (set for July 13, 2020; 1:00 p.m.).
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Jul. 10, 2020 |
Joint Motion for Final Hearing via Zoom filed.
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Jul. 07, 2020 |
Petitioner's Notice of Taking Remote Deposition in Lieu of Live Testimony at Formal Hearing (Kristen O'Neill) filed.
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Jul. 07, 2020 |
Petitioner's Notice of Taking Remote Deposition in Lieu of Live testimony at Formal Hearing (Madison O'Neill) filed.
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Jul. 02, 2020 |
Petitioner's Motion to Use Video and/or Deposition Transcript in Lieu of Live Testimony at Final Hearing filed.
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May 27, 2020 |
Petitioner's Notice of Taking Deposition Remote Deposition (Stephan Lauster) filed.
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May 13, 2020 |
Order Granting Continuance and Rescheduling Hearing (hearing set for August 4 through 6, 2020; 9:00 a.m.; Naples).
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May 12, 2020 |
CASE STATUS: Pre-Hearing Conference Held. |
May 11, 2020 |
Notice of Appearance (Nicholas Caggia) filed.
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May 11, 2020 |
Notice of Substitution of Counsel (Nicholas Caggia) filed.
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May 05, 2020 |
Notice of Telephonic Pre-hearing Conference (set for May 12, 2020; 10:00 a.m.).
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May 01, 2020 |
Petitioner's Motion for Case Management Conference and Motion to Continue filed.
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Mar. 20, 2020 |
Order Rescheduling Hearing (hearing set for May 26 through 28, 2020; 9:00 a.m.; Naples).
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Mar. 16, 2020 |
Amended Administrative Complaint filed.
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Mar. 16, 2020 |
Case Status Report filed.
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Mar. 12, 2020 |
Order Canceling Hearing (parties to advise status by March 25, 2020).
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Mar. 11, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for March 16, 2020; 2:00 p.m.).
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Mar. 11, 2020 |
Respondent's Response to Petitioner's Motion to Amend Administrative Complaint and Respondent's Motion for Continuance filed.
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Mar. 10, 2020 |
Petitioner's Motion to Amend Administrative Complaint Based on Newly Discovered Evidence filed.
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Mar. 06, 2020 |
Petitioner's Notice of Taking Deposition (Lauster) filed.
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Mar. 03, 2020 |
Petitioner's Amended Witness List filed.
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Mar. 03, 2020 |
Petitioner's Exhibit List filed.
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Mar. 03, 2020 |
Petitioner's Witness List filed.
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Feb. 28, 2020 |
Subpoena Ad Testificandum filed.
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Feb. 17, 2020 |
Order Granting Motion to Reduce Hearing Time.
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Feb. 14, 2020 |
Joint Motion to Reduce Hearing Time filed.
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Dec. 18, 2019 |
Order Granting Continuance and Rescheduling Hearing (hearing set for March 24 through 26, 2020; 9:00 a.m.; Naples).
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Dec. 16, 2019 |
Petitioner's Unopposed Motion to Continue Final Hearing filed.
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Dec. 10, 2019 |
Notice of Service of Responses to Petitioner's First Request for Admissions to Respondent filed.
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Dec. 04, 2019 |
Notice of Hearing (hearing set for January 15 and 16, 2020; 9:00 a.m.; Naples).
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Dec. 04, 2019 |
Order of Pre-hearing Instructions.
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Dec. 03, 2019 |
Notice of Transfer.
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Nov. 25, 2019 |
Respondent's Request for Production of Documents filed.
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Nov. 25, 2019 |
Notice of Service of Respondent's Interrogatories to Petitioner filed.
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Nov. 20, 2019 |
Agreed Upon Response to Initial Order filed.
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Nov. 14, 2019 |
Initial Order.
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Nov. 14, 2019 |
Administrative Complaint filed.
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Nov. 14, 2019 |
Respondent's Answer Administrative Complaint (Disputed Allegations) filed.
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Nov. 14, 2019 |
Election of Rights filed.
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Nov. 14, 2019 |
Agency referral filed.
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Orders for Case No: 19-006070PL
Issue Date |
Document |
Summary |
Feb. 05, 2021 |
Agency Final Order
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Nov. 03, 2020 |
Recommended Order
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Petitioner proved Respondent violated s. 1012.795(1)(j), F.S., and R. 6A-10.081(2)(a)1. and (2)(a)5. Recommended one year suspension.
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