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PAM STEWART, AS COMMISSIONER OF EDUCATION vs CORNELL STEWARD, 15-003339PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003339PL Visitors: 6
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CORNELL STEWARD
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Jun. 11, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 19, 2015.

Latest Update: Oct. 04, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO, 112-2425 CORNELL LAMONT STEWARD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against CORNELL LAMONT STEWARD. 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 1 156507, covering the areas of Biology and Earth-Space Science, which was valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Miami Carol City High School in the Miami-Dade County School District, MATERIAL ALLEGATIONS 3. On or about September 6, 2011, Respondent was operating a motor vehicle while under the influence of alcohol or drugs when he became involved in a traffic accident resulting in property damage. Respondent pled not guilty to one count of Driving Under the Influence with Damage to Property/Injury. On or about April 3, 2013, Respondent was found guilty by jury of the charge. : CORNELL LAMONT STEWARD Administrative Complaint Page 2 of 3 4, On or about December 6, 2011, Respondent became involved in a physical altercation with A.C., a fifteen year old, male student, whereby Respondent choked A.C. and slammed him against a wall and onto the ground. 5. On or about December 7, 2011, during the school day, when Respondent's principal attempted to discuss Respondent’s altercation with A.C., the principal noted that Respondent’s eyes were glossy and that Respondent laughed continuously. Respondent’s principal ordered Respondent to take a reasonable suspicion test, Respondent tested positive for the drug marijuana. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. 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)q), 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(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 6A- 10,081(3){e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) CORNELL LAMONT STEWARD 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 Pro gram, 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 4th dayot_ December __, 2014. PAM STEWART. as Commissioner of Education State of Florida

Docket for Case No: 15-003339PL
Issue Date Proceedings
Jun. 19, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 19, 2015 (Petitioner's) Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jun. 18, 2015 Order of Pre-hearing Instructions.
Jun. 18, 2015 Notice of Hearing by Video Teleconference (hearing set for August 10, 2015; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 15, 2015 Joint Response to Initial Order filed.
Jun. 12, 2015 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Jun. 12, 2015 Notice of Service of Petitioner's Request for Production to Respondent filed.
Jun. 12, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Jun. 11, 2015 Initial Order.
Jun. 11, 2015 Letter to Cornell Steward from Gretchen Brantley regarding your case filed.
Jun. 11, 2015 Administrative Complaint filed.
Jun. 11, 2015 Election of Rights filed.
Jun. 11, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 11, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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