STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-1821 RUSSELL M. OVERTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against RUSSELL M. OVERTON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant to Sections 1012.315, 1612.795, 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 987971, covering the area of Social Science, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a History Teacher at Bradford High School in the Bradford County School District. MATERIAL ALLEGATIONS 3. On or about August 5, 1998, in Marion County, Florida, the Respondent pled guilty to and was adjudicated guilty of Possession of Alcohol, 4, On or about May 9, 2003, in Volusia County, Florida, the Respondent was stopped for a traffic violation, The Law Enforcement officer performed a search of the Respondent’s vehicle. A baggie containing under 20 grams of cannabis, a blue glass smoking pipe used to ingest cannabis and. rolling papers were found. The Respondent was arrested and charged with Possession of Cannabis and Possession of Paraphernalia. On or about July 31, RUSSELL M. OVERTON Administrative Complaint Page 2 of 4 2003, the Respondent pled no contest to both charges and adjudication was withheld on both charges. 5. On or about June 29, 2005, the Respondent submitted an Application for a Florida Educator Certificate to the Florida Department of Education. The application under the heading “Arrest Records” included the questions: “Have you ever been convicted, found guilty, had adjudication withheld, entered a pretrial diversion program, or pled guilty or nolo contendere (no contest) to a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation}?” In his sworn statement, the Respondent answered “no” to these questions and did not acknowledge the 1998 Possession of Alcohol. 6. On, or about March 22, 2010, the Respondent submitted an Application for a Florida Educator Certificate to the Florida Department of Education, The application under the heading “Criminal Offense Records” included the questions: “Have you ever been convieted of a criminal offense?”: “Have you ever been found guilty of a criminal offense?”; “Have you ever had adjudication withheld on a criminal offense?”; “Have you ever had pled nolo contendere to a criminal offense?”: and “Have you ever pled guilty to a criminal offense?” In his sworn statement, the Respondent answered “no” to these guestions and did not disclose information related to the 1998 Possession of Alcohol, the 2003 Possession of Cannabis and the Possession of Paraphernalia. 7. During the 2012-2013 school year the Respondent made offensive, unprofessional and insensitive comments in the presence of students, referencing students as “ignorant monkeys” and “niggertens” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1 (a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. RUSSELL M. OVERTON Administrative Complaint Page 3 of 4 COUNT 2: 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, RULE VIOLATIONS COUNT 3: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 6A- 10,081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 6: The Respondent is in violation of Rule 6A~10.081(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. COUNT 7; The Respondent is in violation of Rule 6A-10.081(5)(i), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in his own or another's application for a professional position. (SIGNATURE ON FOLLOWING PAGE) RUSSELL M. OVERTON Administrative Complaint Page 4 of 4 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 (#4 day of _ Tuew , 2014, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-005947PL