Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MICHAEL RUSSELL
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 29, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 18, 2017.
Latest Update: Dec. 23, 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: 17-001959PL
Issue Date |
Proceedings |
Aug. 18, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 18, 2017 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
May 18, 2017 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
|
May 10, 2017 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for August 31, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
|
May 10, 2017 |
Motion to Continue and Reschedule Final Hearing filed.
|
May 09, 2017 |
Notice of Production from Non-party filed.
|
May 01, 2017 |
Order Denying Motion to Relinquish Jurisdiction.
|
May 01, 2017 |
Response in Opposition to Petitioner's Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
|
Apr. 27, 2017 |
Motion to Relinquish Jurisdiction to EPC In Absence of Disputed Material Facts filed.
|
Apr. 18, 2017 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Apr. 18, 2017 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Apr. 18, 2017 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Apr. 07, 2017 |
Order of Pre-hearing Instructions.
|
Apr. 07, 2017 |
Notice of Hearing by Video Teleconference (hearing set for June 1, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
|
Mar. 29, 2017 |
Order Re-opening File. CASE REOPENED.
|
Mar. 29, 2017 |
Initial Order.
|
Mar. 28, 2017 |
Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 16-6774PL)
|
Nov. 17, 2016 |
Administrative Complaint filed.
|
Nov. 17, 2016 |
Election of Rights filed.
|
Nov. 17, 2016 |
Agency referral filed.
|