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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs DANIEL P. SLAYTON, 00-001143 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001143 Visitors: 5
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: DANIEL P. SLAYTON
Judges: WILLIAM R. CAVE
Agency: Department of Education
Locations: Moore Haven, Florida
Filed: Mar. 15, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 5, 2001.

Latest Update: Jul. 03, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, / / a >) Petitioner, O vs. CASE NO. 989-1193-M DANIEL P. SLAYTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Daniel P. Slayton. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 23 1.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 757842, covering the areas of English , which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a English teacher at Moore Haven High School, in the Glades County School District. MATERIAL ALLEGATIONS 3. During the 1997-1998 school year, Respondent made inappropriate sexual advances toward several female students. Respondent touched the students in a personal way by rubbing himself against one student’s leg and touching others in an overly familiar manner making them uncomfortable. Daniel P. Slayton Administrative Complaint Page 2 of 2 STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(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 physical safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED onthis 23 dayof_Novemger. , 1999. Commissioner of Education, State of Florida | | | | 5 i i

Docket for Case No: 00-001143
Issue Date Proceedings
Apr. 09, 2001 Letter to Offical Court Reporting from N. Proctor (regarding the deposition transcript) filed.
Feb. 08, 2001 Notice of Filing; Subpoena ad Testificandum (5) filed via facsimile.
Feb. 05, 2001 Order Closing File issued. CASE CLOSED.
Feb. 02, 2001 Notice of Voluntary Dismissal without Prejudice (filed by Petitioner via facsimile).
Jan. 31, 2001 Order Placing Case in Abeyance issued (parties to advise status by February 14, 2001).
Jan. 30, 2001 Notice of Hearing (for a status conference on Wednesday, January 31, 2001 at 11:00 a.m. filed via facsimile).
Jan. 26, 2001 Notice of Filing; Subpoena Ad Testificandum, 3 Subpoenas Duces Tecum without Deposition, Subpoena Duces Tecum (filed via facsimile).
Jan. 16, 2001 Letter to Judge W. Cave from L. Griffin In re: cancel hearing (filed via facsimile).
Jan. 16, 2001 Notice of Cancellation of Depositions (filed via facsimile).
Jan. 12, 2001 Amended Administrative Complaint (filed via facsimile).
Jan. 12, 2001 Motion for Leave to Amend Administrative Complaint (filed via facsimile).
Jan. 10, 2001 Notice Telephonic of Status Conference (filed via facsimile).
Jan. 05, 2001 Notice of Taking Deposition (3); Subpoena Ad Testificandum (3, filed via facsimile).
Jan. 03, 2001 Notice of Taking Deposition (3, filed via facsimile).
Jan. 02, 2001 Notice of Production from Non Party (5) filed.
Jan. 02, 2001 Subpoena Duces Tecum filed.
Jan. 02, 2001 Subpoena Duces Tecum without Deposition (5) (filed via facsimile).
Nov. 01, 2000 Respondent`s Notice of Compliance with Order Dated 10/26/00 (filed via facsimile).
Oct. 26, 2000 Order issued. (Respondent shall provide Petitioner with any impeachment materials in his possession by November 3, 2000).
Oct. 13, 2000 Objection to Respondent`s Privilege Log (filed via facsimile).
Oct. 09, 2000 Respondent`s Privilege Log (filed via facsimile).
Oct. 04, 2000 Motion to Compel a More Definite Response to Petitioner`s Request for Production (filed via facsimile).
Sep. 25, 2000 Notice of Filing-Returns of Service (filed via facsimile).
Sep. 19, 2000 Notice of Filing-Return of Service for D. Slayton (filed via facsimile).
Sep. 19, 2000 Notice of Filing-Return of Service for B. James (filed via facsimile).
Sep. 12, 2000 Notice of Hearing issued (hearing set for January 29 through 31, 2001; 1:00 p.m.; Moore Haven, FL).
Sep. 11, 2000 Order Granting Continuance and Rescheduling Hearing and Other Matters issued (parties to advise status by 10/15/2000)
Sep. 11, 2000 Ltr. to Judge W. Cave from R. Sickles In re: dates for hearing (filed via facsimile).
Sep. 07, 2000 Petitioner`s Response to Respondent`s Motion for an Extension of Time and/or Motion for Continuance (filed via facsimile).
Sep. 06, 2000 Notice of Telephonic Hearing (filed by M. Haynes via facsimile).
Sep. 05, 2000 Respondent`s Supplemental Motion for and Extension of Time and/or Motion for Continuance (filed via facsimile).
Aug. 31, 2000 Respondent`s Response to Petitioner`s Motion to Compel Answers to Interrogatories (filed via facsimile).
Aug. 31, 2000 Respondent`s Response to Petitioner`s Motion to Compel Production (filed via facsimile).
Aug. 31, 2000 Respondent`s Motion for an Extension of Time and/or Motion for Continuance (filed via facsimile).
Aug. 31, 2000 Motion to Compel Answers to Interrogatories (filed by Petitioner via facsimile).
Aug. 29, 2000 Amended Notice of Taking Deposition of B. James and D. Slayton (filed via facsimile).
Aug. 29, 2000 Amended Notice of Taking Deposition of J. Sapp, G. Clark, J. Prowant, B. Randolph, K. Browning and T. Gaskins (filed via facsimile).
Aug. 28, 2000 Notice of Taking Deposition of J. Sapp, G. Clark, J. Prowant, B. Randolph, K. Browning and T. Gaskins (filed via facsimile).
Aug. 28, 2000 Notice of Taking Deposition of B. James and D. Slayton (filed via facsimile).
Aug. 28, 2000 Amended Motion to Compel a Response to Petitioner`s Request for Production (filed via facsimile).
Aug. 25, 2000 Motion to Compel a Response to Petitioner`s Request for Production (filed via facsimile).
Aug. 21, 2000 Order of Pre-hearing Instructions issued.
Jul. 12, 2000 Notice of Appearance (filed by B. Hayes) filed.
Jun. 09, 2000 Consent to Respondent`s Request for A Continuance and Notice of Firm Name Change (filed via facsimile).
Jun. 08, 2000 Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for October 3 through 5, 2000; 1:00 p.m.; Moore Haven, FL)
Jun. 08, 2000 Response to Respondent`s Second Request for Production of Documents (filed via facsimile).
Jun. 05, 2000 Respondent`s Unopposed Motion for an Extension of Time and/or Motion for Continuance (filed via facsimile).
May 23, 2000 Respondent`s Initial Interrogatories filed.
May 23, 2000 Notice of Serving Answers to Respondent`s Initial Interrogatories (filed via facsimile).
May 23, 2000 (Petitioner) Response to Respondent`s First Request for Production of Documents (filed via facsimile).
May 17, 2000 Request for Production of Documents (filed via facsimile).
May 17, 2000 (Petitioner) Notice of Service (filed via facsimile).
May 12, 2000 Respondent`s Second Request for Production filed.
Apr. 28, 2000 Respondent`s First Request for Production filed.
Apr. 28, 2000 Respondent`s Initial Interrogatories filed.
Apr. 07, 2000 Notice of Hearing sent out. (hearing set for July 5 through 7, 2000; 1:00 p.m.; Moore Haven, FL)
Mar. 31, 2000 Joint Response to Court`s Initial Order (filed via facsimile).
Mar. 20, 2000 Initial Order issued.
Mar. 15, 2000 Notice of Appearance, Letter Form filed.
Mar. 15, 2000 Election of Rights filed.
Mar. 15, 2000 Administrative Complaint filed.
Mar. 15, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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