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PAM STEWART, AS COMMISSIONER OF EDUCATION vs RUSS DENTON, 15-004981PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004981PL Visitors: 11
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: RUSS DENTON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Sep. 04, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 22, 2016.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-1229 RUSS DENTON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against RUSS DENTON. 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 1204802, covering the areas of Mathematics and General Science, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at Sanford Middle School in the Seminole County School District. MATERIAL ALLEGATIONS 3. On or about August 11, 2014, Respondent was under the influence of alcohol while on duty in the presence of students. Respondent’s assistant principal reported to the principal that in speaking with Respondent she noticed the odor of alcohol on Respondent’s person. Subsequent to this notification, Respondent’s principal observed Respondent to have glassy eyes and the smell of alcohol on his person. Respondent was subjected to a reasonable suspicion test the results of which came back positive for the consumption of alcohol. RUSS DENTON Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 2: 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. 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 |@® day ot__(Y\ ay. 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004981PL
Issue Date Proceedings
Mar. 23, 2016 Transmittal letter from Claudia Llado forwarding Respondent's Exhibit to Respondent.
Mar. 22, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 22, 2016 Unopposed Motion to Close File filed.
Mar. 18, 2016 Petitioner's Unopposed Motion for Expert Witness to Appear by Telephone or Video filed.
Mar. 18, 2016 Respondent's First Request for Administrative Notice filed.
Mar. 16, 2016 Petitioner's Request for Judicial Recognition of the Federal Register List of Conforming Products filed.
Mar. 14, 2016 Respondent's Notice of Service of Answers to Interrogatories filed.
Mar. 14, 2016 Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
Mar. 08, 2016 Amended Notice of Taking Deposition (of Russ Denton) filed.
Mar. 08, 2016 Notice of Taking Deposition (of Deborah Hix) filed.
Feb. 25, 2016 Notice of Service of Second Set of Interrogatories and Request for Production filed.
Feb. 16, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Jan. 26, 2016 Order Allowing Testimony by Telephone.
Jan. 26, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 6 and 7, 2016; 9:30 a.m.; Orlando, FL).
Jan. 22, 2016 Respondent's Unopposed Motion for Telephonic Appearance of Witness Jay Zager filed.
Jan. 21, 2016 Petitioner's Unopposed Motion to Continue Final Hearing filed.
Jan. 20, 2016 Respondent's Exhibit List (with exhibits attached) filed.
Jan. 20, 2016 Respondent's Witness List filed.
Jan. 13, 2016 (Respondent's) Notice of Filing Exhibit (exhibit not available for viewing).
Jan. 06, 2016 Petitioner's Notice of Service of Response to Respondent's Request for Discovery filed.
Jan. 06, 2016 Petitioner's Witness LIst filed.
Jan. 06, 2016 Petitioner's Exhibit List filed.
Oct. 22, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 4, 2016; 9:30 a.m.; Orlando, FL).
Oct. 21, 2015 Unopposed Motion to Continue filed.
Sep. 16, 2015 Respondent's Response to Initial Order filed.
Sep. 16, 2015 Order of Pre-hearing Instructions.
Sep. 16, 2015 Notice of Hearing by Video Teleconference (hearing set for November 13, 2015; 9:30 a.m.; Orlando and Tallahassee, FL).
Sep. 15, 2015 Petitioner's Response to Initial Order filed.
Sep. 14, 2015 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Sep. 08, 2015 Initial Order.
Sep. 04, 2015 Election of Rights filed.
Sep. 04, 2015 Agency referral filed.
Sep. 04, 2015 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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