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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MICHAEL RUSSELL, 16-006774PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006774PL Visitors: 15
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL RUSSELL
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 17, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 27, 2016.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-1808 MICHAEL CARLTON RUSSELL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MICHAEL CARLTON RUSSELL. 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 610923, covering the areas of English, English for Speakers of Other Languages (“ESOL”) and Journalism, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Miami Coral Park Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about April 6, 2015, Respondent was under the influence of alcohol on school grounds and during school hours, On the day in question, Respondent’s employer observed Respondent exhibiting the following behavior/mannerisms: A. Slurred speech; B. Confusion/disorientation; C. Drowsiness; MICHAEL CARLTON RUSSELL Administrative Complaint Page 2 of 3 D. Slow/inappropriate reactions; and E. Crying. 4, As a result of the aforementioned observations, Respondent’s employer asked Respondent submit to a reasonable submission alcohol test. 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. RULE VIOLATIONS 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. (SIGNATURE ON FOLLOWING PAGE) MICHAEL CARLTON RUSSELL 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 enrolhinthe 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 ||" dayof Yori __, 2016. oan haan PAM STEW. : Commrnissioner of Education State of Florida

Docket for Case No: 16-006774PL
Issue Date Proceedings
Mar. 28, 2017 Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 17-1959PL ESTABLISHED)
Dec. 27, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 27, 2016 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Dec. 01, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Dec. 01, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Dec. 01, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Nov. 29, 2016 Order of Pre-hearing Instructions.
Nov. 29, 2016 Notice of Hearing by Video Teleconference (hearing set for January 3, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
Nov. 17, 2016 Initial Order.
Nov. 17, 2016 Administrative Complaint filed.
Nov. 17, 2016 Election of Rights filed.
Nov. 17, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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