STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO, 089-1920 LIVINGSTON DALTON MANNERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J, Smith, as Commissioner of Education, files this Administrative Complaint against LIVINGSTON DALTON MANNERS. 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 6B-1.006, 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 867037, covering the area of t Elementary Education, which is valid through June 30, 2011. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade English for Speakers of Other Languages Teacher at West Oaks Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2008/2009 fall semester, Respondent falsified student progress report grades by arbitrarily assigning grades rather than basing those grades on student performance. Respondent failed to maintain student grades in the electronic grading system employed by his school. Subsequent to releasing progress reports, Respondent provided administrators with a hand written copy of grades for his students that was also not based on student performance and did not match grades on progress reports. Filed March 21, 2011 10:07 AM Division of Administrative Hearings LIVINGSTON DALTON MANNERS Administrative Complaint Page 2 of 3 4, On or about June 19, 2009, Respondent drove his vehicle to allow his passenger to transact to sell counterfeit Cocaine to an undercover law enforcement officer while Respondent watched. Respondent failed to timely follow the officer’s instructions when told to exit his vehicle. Respondent was arrested and charged with, Count 1; Sale/Delivery/Possession with Intent to Sell or Deliver Cocaine and Count 2, Resisting an Officer Without Violence. On or about May 5, 2010, Count 1 was nolle prossed by the state attorney’s office and Respondent pled no contest to and the court withheld adjudication of Count 2. 5. On or about January 13,2010, Respondent was terminated from his teaching position with the district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral! turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 1012.795(1)q), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education mules. RULE VIOLATIONS COUNT 4: 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 reasonabie 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. 8 COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning am educational matter in direct or indirect public expression. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) LIVINGSTON DALTON MANNERS Administrative Complaint Page 3 of 3 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 2A>* day of i) 4 2010. Commissioner of Education State of Florida

Docket for Case No: 11-001493PL