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PAM STEWART, AS COMMISSIONER OF EDUCATION vs STEVE MORTON, 15-003869PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003869PL Visitors: 22
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEVE MORTON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Sanford, Florida
Filed: Jul. 10, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 9, 2015.

Latest Update: Jan. 11, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 134-0843 STEVE MORTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against STEVE MORTON. 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 786678, covering the area of Physical Education, which was valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Dean of Discipline at Hamilton Elementary School in the Seminole County School District. MATERIAL ALLEGATIONS 3, On or about May 9, 2013, Respondent failed to protect the health, safety and welfare of students when he failed to immediately report information he had received regarding student V.R. carrying a firearm in his book bag while on school grounds and on the school bus to either law enforcement, the Seminole County School District (District) or V.R.’s parents. 4. On or about May 9, 2013, Respondent’s supervisor, Assistant Principal J.A., instructed Respondent to search and question student V.R. regarding V.R.’s possession of a firearm when V.R. arrived at school on May 10, 2013. Respondent failed to protect the health, STEVE MORTON Administrative Complaint Page 2 of 3 safety and welfare of students when he failed to ensure V.R. was promptly searched or questioned at the beginning of the school day on May 10, 2013. When. Assistant Principal J.A, arrived at school on May 10 ,2013, at or around 12:00pm, and learned that Respondent did not address the situation with V.R., she searched V.R.’s book bag and found a firearm. As a result of Respondent's failure to ensure that V.R. was questioned or searched prior to entéring school on or about May 10, 2013, V.R. had access to a firearm for approximately 4 hours while on school grounds. 5. As a result of Respondent's failure to act, as alleged herein, Respondent was suspended from his employment with the District fora period of three months, without pay. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: 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 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, (SIGNATURE ON FOLLOWING PAGE) STEVE MORTON 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 fo, 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 (0% day of April , 2015, ee PAM STEWART. as Conunissioner of Education State of Florida Yeutyp5 Position Dean y Dist Senile Y Scheal Hanlon Elenentay Schoo lel Per Teaeloos O17 > Inoomal Conference o Commissioner ones ‘Appeal Seal Monga, iia Reve 724 nd arid Finding | [y ihFoml ORT " £PC ODE No. [86678 ender 5 ” * Female Hale E vt _ vide a PPS Ho |Sullia} Opened Finding “ss 1340063 H09/09/2013 Probable Cau Nane Steve Confidential STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-0843 STEVE MORTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against STEVE MORTON. 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 lL. The Respondent holds Florida Educator’s Certificate 786678, covering the area of Physical Education, which was valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Dean of Discipline at Hamilton Elementary School in the Seminole County School District, MATERIAL ALLEGATIONS 3. On or about May 9, 2013, Respondent failed to protect the health, safety and welfare of students when he failed to immediately report information he had received regarding student V.R. carrying a firearm in his book bag while on school grounds and on the school bus to either law enforcement, the Seminole County School District (District) or V.R.’s parents, 4, On or about May 9, 2013, Respondent’s supervisor, Assistant Principal J.A,, instructed Respondent to search and question student V.R. regarding V.R.’s possession of a firearm when V.R. arrived at school on May 10, 2013. Respondent failed to protect the health, STEVE MORTON Administrative Complaint Page 2 of 3 safety and welfare of students when he failed to ensure V.R. was promptly searched or questioned at the beginning of the school day on May 10, 2013. When Assistant Principal J.A. arrived at school on May 10 ,2013, at or around 12:00pm, and learned that Respondent did not address the situation with V.R., she searched V.R.’s book bag and found a firearm. As a result of Respondent’s failure to ensure that V.R. was questioned or searched prior to entering school on or about May 10, 2013, V.R. had access to a firearm for approximately 4 hours while on school grounds. 5. As a result of Respondent's failure to act, as alleged. herein, Respondent was suspended from his employment with the District for a period of three months, without pay. The Petitioner charges: STATUTE VIOLATIONS COUNT 1; 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 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, (SIGNATURE ON FOLLOWING PAGE) STEVE MORTON 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. Séctions 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 edticator’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 [O% day of _ Agel 2015. PAM STEWART, as Commissioner of Education State of Florida Williams, Brittnie From: Tolbert, Tracey Sent: Wednesday, July 08, 2015 1:53 PM To: Education Practices Commission Subject: 15-0341(Steve Morton): Case filed with EPC (Request for Formal) A docket entry has been entered on the following case: Case filed with EPC (Request for Formal} Name: Steve Morton PPS No: 134-0843 EPC No: 15-0341-T@ Right Elected: Formal Williams, Brittnie From: Lenzo, Faith Sent: Thursday, July 09, 2015 1:36 PM To: Williams, Brittnie Cc: Forbess, Lisa Subject: Morton, Steve DOAH case A paperless case has opened for Morton, Steve 15-0341-TC. Faath Lenzo Records Management Liaison Officer Education Practices Commission 325 West Gaines St. Tallahassee, FL 32399 850-245-980 CertAppBrowse Page | of 1 Summary Profile Corr Browse Degree Browse Cert/App History Cheok Sheet Score Report Common Search Home BEC-PASS Manual District ID#:00 EDUCATOR CERTIFICATION BEC Partnership Manual Submit feedback or technical issues to BECTechHelp | Current Processing Alerts: A eoaed e | MORTON, STEVE Ewan comes nti . Click here to show Birthdate, 10/8/1983 i active processing alerts Certificates eri rintncoremmrsdeiiinoitetiinursnerainmnmueannm eenaitetiraon wim sAneiiiritinniernimmenniinl in Type ' Subject eretnennrimbocnina SOUPHON Status Validity Dates Dates Issue D Date | i NTEMP 1036-6. : a PHYSIGALE EDUCATION 1S Tinoit-ersanoid 6/30/2014 10/6/2041 Applications . App Type | Subject -Deseription | Status | Cert Type T App Date i Exp Date | | https://bec.doe.state.fl.us/tcs/Evaluation/certappbrowse.asp?Reloading=V¥ &PassPending=.... 7/17/2014

Docket for Case No: 15-003869PL
Issue Date Proceedings
Sep. 09, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 03, 2015 Unopposed Motion to Close File filed.
Jul. 31, 2015 Certificate of Service of Discovery filed.
Jul. 14, 2015 Order of Pre-hearing Instructions.
Jul. 14, 2015 Notice of Hearing (hearing set for September 10 and 11, 2015; 9:00 a.m.; Sanford, FL).
Jul. 14, 2015 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Jul. 13, 2015 Petitioner's Response to Initial Order filed.
Jul. 10, 2015 Initial Order.
Jul. 10, 2015 Administrative Complaint filed.
Jul. 10, 2015 Election of Rights filed.
Jul. 10, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jul. 10, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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