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PAM STEWART, AS COMMISSIONER OF EDUCATION vs KATHY HOLT, 17-005519PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-005519PL
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KATHY HOLT
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Marathon, Florida
Filed: Oct. 06, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 11, 2018.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-2853 KATHY ANN HOLT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KATHY ANN HOLT. 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 706505, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a World Studies Sixth Grade Teacher at Key Largo School in the Monroe County School District. MATERIAL ALLEGATIONS 3. During the 2015/2016 school year, Respondent exhibited signs of being under the influence of alcohol while on duty including inappropriate appearance, tardiness, having a strong scent of mouthwash and failing to respond to students fighting in her classroom. On or about March 1, 2016, Respondent was under the influence of alcohol while on duty and while students were present on campus. Respondent’s assistant principal observed her to smell strongly of alcohol, to have bloodshot eyes, to be dropping things and to have slurred speech. Based on the KATHY ANN HOLT Administrative Complaint Page 2 of 2 assistant principal’s observations, a reasonable suspicion test was ordered. Respondent tested positive for the consumption of alcohol. 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)(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 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. 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 \2°° dayor October 2016 PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-005519PL
Issue Date Proceedings
Jan. 11, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 11, 2018 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Nov. 20, 2017 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Nov. 20, 2017 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for January 23, 2018; 9:00 a.m.; Marathon and Tallahassee, FL).
Nov. 15, 2017 Joint Motion to Continue Hearing filed.
Oct. 23, 2017 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 23, 2017 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 23, 2017 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 19, 2017 Order of Pre-hearing Instructions.
Oct. 19, 2017 Notice of Hearing by Video Teleconference (hearing set for November 30, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
Oct. 09, 2017 Initial Order.
Oct. 06, 2017 Notice of Appearance (Branden Vicari).
Oct. 06, 2017 Administrative Complaint filed.
Oct. 06, 2017 Election of Rights filed.
Oct. 06, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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