Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CHRISTOPHER CUNNINGHAM
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Aug. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 5, 2016.
Latest Update: Jan. 09, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS. CASE NO. 123-2164
CHRISTOPHER CASEY CUNNINGHAM,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissidner’ of Education, files this Administrative
Complaint against CHRISTOPHER CASEY CUNNINGHAM. 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 Cade, 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 798598, covering the areas
of English, Health, Physical Education, and Social Science, which is valid through June 30,
2015.
2. At all times pertinent hereto, the Respondent was employed as a History Teacher
at Western High School in the Broward County School District.
MATERIAL ALLEGATIONS
3. In or around the 2011-2012 school year, Respondent inappropriately
communicated with female students over social media. Respondent’s communications included,
but were not limited to, messaging students late at night, commenting on a student’s clothing
choice of ‘short shorts,’ insinuating that a student had a sex dream about him and, in response to
a student’s suggestion that he pay her college expenses, he messaged, “if I do that you will have
to wine me, dine me ... and you know that rest,” or words to that effect.
CHRISTOPHER CASEY CUNNINGHAM
Administrative Complaint
Page 2 of 3
4, On or about January 16, 2013, during the Broward County School Districts
investigation of Respondent’s conduct alleged in paragraph 3 of this Administrative Complaint,
Respondent resigned his teaching position with the District.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT I: | The Respondent is in violation of Section 1012.795(1 (a), 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)
CHRISTOPHER CASEY CUNNINGHAM
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 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 2018.
Commissioner of Education
State of Florida
Docket for Case No: 16-004964PL
Issue Date |
Proceedings |
Oct. 05, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 05, 2016 |
Order Denying Respondent's Motion to Abate.
|
Oct. 05, 2016 |
Motion to Hold Matter in Abeyance filed.
|
Oct. 05, 2016 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Sep. 16, 2016 |
Petitioner's First Set of Interrogatories to Respondent filed.
|
Sep. 16, 2016 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Sep. 16, 2016 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Sep. 07, 2016 |
Order of Pre-hearing Instructions.
|
Sep. 07, 2016 |
Notice of Hearing by Video Teleconference (hearing set for October 31, 2016; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Sep. 07, 2016 |
Notice of Transfer.
|
Aug. 29, 2016 |
Initial Order.
|
Aug. 29, 2016 |
Administrative Complaint filed.
|
Aug. 29, 2016 |
Election of Rights filed.
|
Aug. 29, 2016 |
Agency referral filed.
|