Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: SCOTT EIKENBERRY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Jul. 07, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 28, 2017.
Latest Update: Nov. 15, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. , CASE NO. 167-0051
SCOTT CHRISTIAN EIKENBERRY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against SCOTT CHRISTIAN EIKENBERRY. 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 830203, covering the area of
English, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as an English Teacher
at University High School in the Orange County School District.
MATERIAL ALLEGATIONS
3. During the 2015-2016 school year, Respondent made inappropriate comments
during class when he stated that he and student R.V. were “in love,” or words to that effect, and
stated that R.V. was Respondent’s husband. Respondent’s comments made R.V. feel
uncomfortable and embarrassed.
4. During the 2015-2016 school year, Respondent made students in his class,
including A.L., O.S., and J.T., feel uncomfortable by calling other students by the name of
“daddy” or words to that effect.
SCOTT CHRISTIAN EIKENBERRY
Administrative Complaint
Page 2 of 3
5. During the 2015-2016 school year, Respondent engaged in inappropriate conduct
during class when he “twerked,” or danced provocatively, in the presence of students.
6. Respondent’s conduct, as alleged herein, reduced Respondent’s effectiveness in
the classroom because the conduct:
a) Detracted from the education of his students in that students were focused on
Respondent’s negative behavior instead of classwork; and
b) Diminished students’ respect for Respondent in that students felt that Respondent was
not a good teacher.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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 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(2)(a)1, 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,
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a
student to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
SCOTT CHRISTIAN EIKENBERRY
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 Ld day of “7 Via Ath » 2017.
;
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 17-003859PL
Issue Date |
Proceedings |
Aug. 28, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 28, 2017 |
Joint Motion to Close File filed.
|
Aug. 14, 2017 |
Notice of Taking Deposition (Eikenberry) filed.
|
Jul. 18, 2017 |
Order of Pre-hearing Instructions.
|
Jul. 18, 2017 |
Notice of Hearing by Video Teleconference (hearing set for September 8, 2017; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Jul. 17, 2017 |
Certificate of Service of Discovery filed.
|
Jul. 17, 2017 |
Petitioner's Response to Initial Order filed.
|
Jul. 07, 2017 |
Initial Order.
|
Jul. 07, 2017 |
Notice of Appearance (Steve Rossi).
|
Jul. 07, 2017 |
Administrative Complaint filed.
|
Jul. 07, 2017 |
Election of Rights filed.
|
Jul. 07, 2017 |
Agency referral filed.
|