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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JOHN H. WALKER, 14-005639PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005639PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JOHN H. WALKER
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 25, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 10, 2015.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-0231 JOHN BH. WALKER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOHN H. WALKER. 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 6A-10.081, 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 582864, covering the areas of Educational Leadership, Mathematics and Business Education, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as an Assistant Principal at Northwestern High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On multiple occasions during the 2009-2010 and 2010-2011 school years, Respondent solicited and received gifts in excess of $25.00 from registered vendors that provide services to Miami-Dade County Schools and Northwestern High School, including: (a) a golfing excursion, with lodging and golf fees paid in full, in 2009 from vendor Cool Kids Learn, Inc., a tutoring company. Cool Kids Learn, Inc. paid JOHN H. WALKER Administrative Complaint Page 2 of 3 approximately $1,400.00 total for both Respondent and Principal Charles Hankerson to attend this golfing event; and (b) two golfing excursions with lodging and golf fees paid in full, in 2009 and 2010, from Darryl Holsendolph, president of vendor Holsen, Inc., which provides merchandising to several Miami-Dade County schools, including Northwestern High School. The value of these two excursions was $470.50 and $497.50, respectively. 4 On or about January 7, 2013, Respondent was demoted from High School Vice Principal to Teacher by Miami-Dade County Schools as a result of the conduct alleged herein. 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 effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 1012.795(1)G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(d), Florida Administrative Code, in that Respondent has accepted gratuity, gift, or favor that might influence professional judgement. COUNT 6: . The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) JOHN H. WALKER 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 Hmited 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 @.\ dayot_ N\eecly 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-005639PL
Issue Date Proceedings
Mar. 10, 2015 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 09, 2015 (Petitioner's) Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jan. 15, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 25 and 26, 2015; 9:00 a.m.; Miami, FL).
Jan. 15, 2015 Order of Consolidation (DOAH Case Nos. 14-5639PL and 15-0210PL).
Jan. 14, 2015 Joint Motion to Consolidate/Motion to Reset Hearing filed.
Dec. 16, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 23, 2015; 9:00 a.m.; Miami, FL).
Dec. 16, 2014 Joint Motion to Continue filed.
Dec. 16, 2014 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Dec. 16, 2014 Notice of Service of Petitioner's Request for Production to Respondent filed.
Dec. 16, 2014 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Dec. 08, 2014 Order of Pre-hearing Instructions.
Dec. 08, 2014 Notice of Hearing by Video Teleconference (hearing set for January 30, 2015; 9:00 a.m.; Miami and Tallahassee, FL).
Dec. 05, 2014 Joint Response to Initial Order filed.
Nov. 26, 2014 Initial Order.
Nov. 25, 2014 Letter to Gretchen Brantley from Michelle Delancy advising of counsel and request for hearing filed.
Nov. 25, 2014 Letter to John Walker from Gretchen Brantley regarding rejecting your current petition/request for a formal hearing filed.
Nov. 25, 2014 Administrative Complaint filed.
Nov. 25, 2014 Election of Rights filed.
Nov. 25, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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