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.
|