Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: SCOTT ANDERSON
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Pensacola, Florida
Filed: Feb. 26, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 15, 2014.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
’ Petitioner,
vs. CASE NO. 112-1657
SCOTT ANDERSON,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint
against SCOTT ANDERSON. 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 609999, covering the areas of
Mathematics and Physical Education, which was valid through June 30, 2012.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher and Head Football Coach at Escambia High School in the Escambia County School District.
MATERIAL ALLEGATIONS
3. On or about September 13, 2011, student A. D., a member of the Escambia High
School football team, assaulted and battered student J. P., another member of the football team, as
J. P. was dressing out for football practice. School Resource Officer Christopher Echele was one
of the law enforcement officers assigned to conduct an investigation of the incident.
4, On or about September 19, 2011, the Respondent contacted Deputy Echele and asked
him to inform the parents of J. P. that if J. P. pressed criminal charges against A. D. it would
interfere with the football team’s chemistry and the Respondent would not be able to insure the
SCOTT ANDERSON
Administrative Complaint
Page 2 of 3
safety of J. P. Deputy Eschele declined this request to contact J. P.’s parents. Instead, he advised
the Respondent’s Principal of the Respondent’s statements and his request.
5. On or about September 23, 2011, the Respondent’s Principal met with and
directed the Respondent not to interfere with the law enforcement investigation of the battery on
J.P. and to stay out of the matter.
6. On or about September 26, 2011, Coach Timothy Jansky contacted J. P. and told J.
P. that if J. P. pursued criminal charges against A. D. that J. P. would no longer be allowed to play
football. Coach Jansky communicated this information to J. P. at the express direction of the
Respondent. The Respondent’s instruction of Coach Jansky to attempt to influence J. P. was in
direct violation of his Principal's directive to stay out of the matter.
7. During September 2011 the Respondent repeatedly stated to other coaches on his
coaching staff that J. P. would not be allowed to play on the football team if he pursued charges
against bis teammate.
8. On or about September 30, 2011, the Respondent was suspended with pay, and on
November 16, 2011 the Escambia County School Board terminated the Respondent $ employment
as a result of the misconduct described herein.
9. On or about October 4, 2011, the Respondent was arrested and charged with
Harassing or Attempting to Harass a Witness, Victim or Informant. On or about March 9, 2012, the
Respondent was tried by jury and. convicted of said charge. On April 23, 2012, however, the
Respondent’s motion for judgment of acquittal was granted and the conviction set aside.
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 bas been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board.
COUNT3: The Respondent is in violation of Section 1012.795(1)@), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
SCOTT ANDERSON
Administrative Complaint
Page 3 of 3
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 reasonable 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.
COUNT 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable
precautions to distinguish between personal views and those of any educational institution or
organization with which the individual is affiliated.
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 30°? day of Novemisee _,2012.
hy. Livers
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 14-000924PL
Issue Date |
Proceedings |
May 15, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 13, 2014 |
Status Report, Unopposed Motion to Close File and Motion for Remand filed.
|
Apr. 15, 2014 |
Order Granting Continuance (parties to advise status by May 15, 2014).
|
Apr. 14, 2014 |
(Petitioner's) Unopposed Motion for Continuance filed.
|
Mar. 06, 2014 |
Order of Pre-hearing Instructions.
|
Mar. 06, 2014 |
Notice of Hearing (hearing set for April 21, 2014; 9:30 a.m., Central Time; Pensacola, FL).
|
Mar. 05, 2014 |
Notice of Taking Deposition (H.B. Stivers) filed.
|
Mar. 03, 2014 |
Joint Response to Initial Order filed.
|
Feb. 26, 2014 |
Order Re-opening File. CASE REOPENED.
|
Feb. 26, 2014 |
Initial Order.
|
Feb. 25, 2014 |
Petitioner's Motion to Re-open the Division's File and Re-set Formal Hearing filed. (FORMERLY DOAH CASE NO. 13-0857PL)
|
Mar. 14, 2013 |
Administrative Complaint filed.
|
Mar. 14, 2013 |
Election of Rights filed.
|
Mar. 14, 2013 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Mar. 14, 2013 |
Agency referral filed.
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