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PAM STEWART, AS COMMISSIONER OF EDUCATION vs SCOTT EIKENBERRY, 17-003859PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003859PL Visitors: 13
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: Jun. 04, 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
Source:  Florida - Division of Administrative Hearings

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