Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: LENFORD SUTTON, SR.
Judges: MARY CLARK
Agency: Department of Education
Locations: Lake Mary, Florida
Filed: Jul. 27, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 9, 2000.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA
EDUCATION PRACTICES Commission 29 JUL 27 AM 9: 32
Agenon OF
TOM GALLAGHER, as an AT RATIVE
Commissioner of Education, SAINI
Petitioner,
vs. CASE NO. 990-0954-M
LENFORD SUTTON, SR.,
. Respondent. 4 b - 3 0 6 ?
ADMINISTRATIVE COMPLAINT
Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative
Complaint against Lenford Sutton, Sr.. 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 231.262(6) and 231.28(1),
Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 622792, covering the areas of
Economics, Educational Leadership and School Principal, which is valid through June 30, 2002.
2. At all times pertinent hereto, the Respondent was employed as a Assistant Principal teacher
at Ivey Lane Elementary School, in the Orange County School District.
_ MATERIAL ALLEGATIONS
3. On or about November 10, 1999, Respondent acted inappropriately, and unprofessionally
toward a student and her parent. Respondent had been informed that the minor female student had filed
a complaint against Respondent claiming that sometime during September 1999 Respondent had touched
her leg inappropriately. Respondent became angered and instead of allowing the District to investigate
initiated his own investigation. Respondent in effect, investigated himself during his “investigation”
Respondent engaged in a shouting match with the student’s parent, threatened the student with expulsion
and the parent with a lawsuit. Respondent conducted this “investigation” without the knowledge of his
Principal or any school board official.
Lenford Sutton, Sr.
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.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges 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.
m
EXECUTED on this_(> — day of p=
CommissionéY of Education,
State of Florida
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Docket for Case No: 00-003067PL
Issue Date |
Proceedings |
Oct. 09, 2000 |
Order Closing File issued. CASE CLOSED.
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Oct. 06, 2000 |
Motion to Hold the Matter in Abeyance (Petitioner) (filed via facsimile).
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Sep. 29, 2000 |
Order issued. (Respondent`s Notice of Production from a Non-Party, the objection is sustained)
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Sep. 29, 2000 |
Notice of Cancellation of Depositions (filed via facsimile).
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Sep. 28, 2000 |
Notice of Deposition of L. Sutton, J. Perkins, D. Rivers, A. Sims (filed via facsimile).
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Sep. 21, 2000 |
Subpoena Duces Tecum without Deposition (filed via facsimile).
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Sep. 21, 2000 |
Notice of Production from a Non-Party (filed via facsimile).
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Sep. 21, 2000 |
Notice of Service of Answers to Interrogatories (filed by Respondent via facsimile).
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Sep. 15, 2000 |
Objection to Respondent`s Notice of Production from a Non-Party (filed via facsimile).
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Sep. 05, 2000 |
Subpoena Duces Tecum wihout Deposition (filed via facsimile).
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Sep. 05, 2000 |
Notice of Production from a Non-Party (filed via facsimile).
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Aug. 22, 2000 |
Request for Production filed.
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Aug. 22, 2000 |
Notice of Service (filed via facsimile).
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Aug. 22, 2000 |
Petitioner`s First Set of Interrogatories (filed via facsimile).
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Aug. 14, 2000 |
Notice of Appearance (filed by S. Lawrence). |
Aug. 10, 2000 |
Notice of Hearing issued (hearing set for October 27, 2000; 9:00 a.m.; Orlando, Fl.)
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Aug. 10, 2000 |
Order of Pre-hearing Instructions issued.
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Aug. 10, 2000 |
Answer to Administrative Complaint (filed by Respondent via facsimile).
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Aug. 10, 2000 |
Notice of Appearance (filed by S. Laurence via facsimile).
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Aug. 07, 2000 |
Petitioner`s Response to Court`s Initial Order (filed via facsimile).
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Jul. 31, 2000 |
Initial Order issued. |
Jul. 27, 2000 |
Letter to L. Sutton from T. Gallagher In re: finding of probable cause filed.
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Jul. 27, 2000 |
Notice of Appearance (by B. Taylor) filed.
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Jul. 27, 2000 |
Election of Rights filed.
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Jul. 27, 2000 |
Administrative Complaint filed.
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Jul. 27, 2000 |
Agency referral filed.
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