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PAM STEWART, AS COMMISSIONER OF EDUCATION vs RICHARD LOUIS, 16-001274PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001274PL Visitors: 17
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: RICHARD LOUIS
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 08, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 1, 2016.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 112-1704 RICHARD LOUIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against RICHARD LOUIS. 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 I, The Respondent holds Florida Educator’s Certificate 788710, covering the area of Social Science, which is valid through June 30, 2018, 2, At all times pertinent hereto, the Respondent was employed as an Economics and American Government Teacher at Northwestern High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. In June of 2010, Respondent improperly changed the grades of a student. Respondent submitted a grade change form improving student C.L.’s final grade and exam grade in Respondent’s American Government Course. Respondent did not have proper justification in the form of additional school work by C.L. or other documentation to justify the grade changes. 4. The grade change forms were used to authorize changes to C.L.’s official transcript, improving C.L.’s grades and making him eligible for a scholarship from the National RICHARD LOUIS Administrative Complaint Page 2 of 3 College Athletic Association (NCAA). C.L. was not aware that his grades were improperly changed. 5. Upon discovering the discrepancies in C.L.’s grades, the NCAA determined that CL. did not qualify for his scholarship, and C.L. was removed from his college football team. 6. On or about April 18, 2013, Respondent inappropriately touched a student when he pinched, poked and rubbed the back of 18-year-old, female student, A.K, during class, When A.K. pushed Respondent’s hand away from her, Respondent continued to rub A.K.’s back. Respondent’s behavior made A.K. uncomfortable. The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. 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)@), 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 barmfil to Jearning 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)th), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 7: 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 RICHARD LOUIS Administrative Complaint Page 3 of 3 all professional dealings. COUNT 8: 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. 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 thé Education Practices Commission impose an appropriate sanction agairist 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 inchide, but are not limited to, any one or a combination of the followitig: 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 fer an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 24 dayot_Wloeck, 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-001274PL
Issue Date Proceedings
Aug. 01, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 29, 2016 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
May 05, 2016 Order Re-scheduling Hearing by Video Teleconference (hearing set for August 15, 2016; 9:00 a.m.; Miami, FL).
May 05, 2016 Available Dates for Final Hearing filed.
May 04, 2016 Order Granting Continuance (parties to advise status by May 9, 2016).
May 04, 2016 Unopposed Motion to Continue filed.
Apr. 04, 2016 Order of Pre-hearing Instructions.
Apr. 04, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 19, 2016; 9:00 a.m.; Miami, FL).
Apr. 04, 2016 Unopposed Motion for Continuance filed.
Apr. 01, 2016 Order Denying Motion to Relinquish Jurisdiction.
Mar. 31, 2016 Respondent's Verified Responses to Petitioner's Motion to Relinquish Jurisdiction (Disputed Facts) filed.
Mar. 31, 2016 Petitioner's Notice of Case Status filed.
Mar. 30, 2016 Respondent's Request for Copies filed.
Mar. 29, 2016 Notice of Appearance (Levi Williams) filed.
Mar. 24, 2016 Order to Show Cause.
Mar. 21, 2016 Petitioner's Motion to Relinquish Jurisdiction (No Disputed Facts) filed.
Mar. 10, 2016 Order of Pre-hearing Instructions.
Mar. 10, 2016 Notice of Hearing by Video Teleconference (hearing set for April 11, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
Mar. 08, 2016 Order Reopening File. CASE REOPENED.
Mar. 04, 2016 Petitioner's Motion to Reopen Case filed. (FORMERLY DOAH CASE NO. 15-4991PL)
Jan. 08, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 06, 2016 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 18, 2015 Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
Nov. 18, 2015 Respondent's Notice of Service of Answers to Interrogatories filed.
Nov. 18, 2015 Respondent's Responses to Petitioner's First Request for Admissions filed.
Oct. 23, 2015 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 23, 2015 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 23, 2015 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 09, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 26, 2016; 9:00 a.m.; Miami, FL).
Oct. 08, 2015 (Respondent's) Unopposed Motion to Continue Final Hearing filed.
Sep. 14, 2015 Order of Pre-hearing Instructions.
Sep. 14, 2015 Notice of Hearing (hearing set for November 9, 2015; 9:00 a.m.; Miami, FL).
Sep. 14, 2015 (Respondent's) Notice of Service of Interrogatories and Request for Production filed.
Sep. 11, 2015 Joint Response to Initial Order filed.
Sep. 11, 2015 Joint Response to Initial Order filed.
Sep. 11, 2015 Joint Response to Initial Order filed.
Sep. 08, 2015 Order Granting Motion to Re-open File.
Sep. 03, 2015 Motion to Reopen Case filed. (FORMERLY DOAH CASE NO. 14-5126PL)
Oct. 29, 2014 Election of Rights filed.
Oct. 29, 2014 Administrative Complaint filed.
Oct. 29, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 29, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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