Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: DARYL SHUMATE
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Panama City, Florida
Filed: Sep. 25, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 30, 2012.
Latest Update: Mar. 14, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
GERARD ROBINSON, as
Commissioner of Education,
Petitioner,
vs. CASE NO, 101-2172
DARYL TRENT SHUMATE,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative
Complaint against DARYL TRENT SHUMATE. 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 828860, covering the area of
English, which is valid through June 30, 2012.
2, At all times pertinent hereto, the Respondent was employed as a Kindergarten
Teacher at Deane Bozeman Learning Center in the Bay County School District.
MATERIAL ALLEGATIONS
3. On or about February 3, 2011, sheriff's deputies conducted a K-9 sweep of the
parking lots at the Deane Bozeman School. Respondent was found to be in possession of a small
plastic bag of marijuana and a pipe used to smoke marijuana, in that the items were found in the
Respondent’s vehicle. The Respondent was also in possession of two loaded rifles and a handgun.
The Respondent was arrested and charged with Possession of Marijuana less than 20 grams. On or
about April 19, 2011, the Respondent entered into a deferred prosecution agreement.
Filed September 25, 2012 10:09 AM Division of Administrative Hearings
DARYL TRENT SHUMATE
Administrative Complaint
Page 2 of 2
4, On or about February 22, 2011, the Bay County School District suspended the
Respondent without pay and recommended termination of his employment.
5. On or about June 6, 2011, the Respondent resigned from his position with the Bay
County School 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. :
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 \\AE day of Man , 2012.
Lunt Vheu
GERARD ROBINSON, as
Commissioner of Education
State of Florida
Docket for Case No: 12-003165PL
Issue Date |
Proceedings |
Oct. 30, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Oct. 26, 2012 |
Unopposed Motion to Cancel Hearing, Close File and for Remand filed.
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Oct. 18, 2012 |
Notice of Unavailability filed.
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Oct. 03, 2012 |
Order of Pre-hearing Instructions.
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Oct. 03, 2012 |
Notice of Hearing by Video Teleconference (hearing set for December 4, 2012; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
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Oct. 02, 2012 |
Petitioner's Request for Admissions filed.
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Oct. 02, 2012 |
Petitioner's First Request for Production of Documents filed.
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Oct. 02, 2012 |
Notice of Service of Petitioner's First Interrogatories filed.
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Oct. 02, 2012 |
Joint Response to Initial Order filed.
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Sep. 25, 2012 |
Initial Order.
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Sep. 25, 2012 |
Election of Rights filed.
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Sep. 25, 2012 |
Agency referral filed.
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Sep. 25, 2012 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Sep. 25, 2012 |
Administrative Complaint filed.
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