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PAM STEWART, AS COMMISSIONER OF EDUCATION vs SHAWN LUXTON, 15-005644PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005644PL Visitors: 16
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: SHAWN LUXTON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Tampa, Florida
Filed: Oct. 08, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 15, 2015.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO. 145-0074 SHAWN MICHAEL LUXTON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against SHAWN MICHAEL LUXTON. 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 L. The Respondent holds Florida Educator’s Certificate 1196620, covering the area of Mathematics, which is valid through June 30, 2017. 2. At all times. pertinent hereto, the Respondent was employed as a Mathematics Teacher at Middleton High School in the Hillsborough County School District, MATERIAL ALLEGATIONS 3. During the 2013/2014 school year, Respondent was entolled in an English for Speakers of Other Languages (ESOL) course in order to obtain an endorsement requited for his continued employment. 4, On of about March 2, 2014, Respondent électronically acknowledged and agreed to the course’s Academic Integrity Statement which included but was not limited to the clause, “I agree that by participating in this course I will be responsible for ensuring non-plagiarism, or copying of another participant’s assignments/work and submitting it as my own.” SHAWN MICHAEL LUXTON Administrative Complaint Page 2 of 3 5. Assignments submitted for the course by Respondent were substantially the same as assignments previously. submitted by another teacher who had taken an earlier administration of the same course. Respondent failed to abide by the requirements of the course in that materials submitted by Respondent for credit were the work of another teacher. 6. On or about Junie 9, 2014, Resporident resigned in lieu of termination from his teaching position with the District. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: — The Respondent isin violation of Section 1012.795( 1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which setiously 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(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression, COUNT 4: — 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 hottesty in all professional dealings, COUNT 3: 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, (SIGNATURE ON FOLLOWING PAGE) SHAWN MICHAEL LUXTON 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, dny one or a combination of the following: issuing. the Resporident 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 yeats or permanently. EXECUTED on this _[0*® day of Apri 7 52015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-005644PL
Issue Date Proceedings
Dec. 15, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 15, 2015 Unopposed Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
Dec. 14, 2015 Notice of Cancellation of Depositions (of Linda Kipley, John Ellison, and Soraya Kubousek) filed.
Dec. 14, 2015 Agreed upon Notice of Taking Deposition in Lieu of Live Testimony at Final Hearing (of John Ellison) filed.
Dec. 11, 2015 Amended Notice of Taking Depositions As to Location (of Linda Kipley, John Ellison, and Soraya Kubousek) filed.
Dec. 08, 2015 Notice of Service of Supplemental Request for Production filed.
Dec. 04, 2015 Notice of Taking Depositions (of Linda Kipley, John Ellison, and Soraya Kubousek) filed.
Nov. 25, 2015 Notice of Taking Deposition (of Shawn Luxton) filed.
Nov. 25, 2015 Petitioner's Exhibit List filed.
Nov. 25, 2015 Petitioner's Witness LIst filed.
Nov. 24, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 10, 2016; 9:30 a.m.; Tampa, FL).
Nov. 23, 2015 Unopposed Motion to Continue Final Hearing filed.
Oct. 28, 2015 (Respondent's) Notice of Filing Discovery Responses filed.
Oct. 13, 2015 Order of Pre-hearing Instructions.
Oct. 13, 2015 Notice of Hearing by Video Teleconference (hearing set for December 16, 2015; 9:30 a.m.; Tampa and Tallahassee, FL).
Oct. 13, 2015 Joint Response to Initial Order filed.
Oct. 12, 2015 Notice of Service of Respondents First Interrogatories and Request for Production filed.
Oct. 12, 2015 Certificate of Service of Discovery filed.
Oct. 09, 2015 Initial Order.
Oct. 08, 2015 Administrative Complaint filed.
Oct. 08, 2015 Election of Rights filed.
Oct. 08, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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