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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ERIK JOHNSON, 18-003264PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-003264PL Visitors: 57
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ERIK JOHNSON
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Jun. 22, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 18, 2018.

Latest Update: Apr. 03, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 178-0704 ERIK JOHNSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this. Administrative Complaint against ERIK JOHNSON. 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 1333595, covering the area of English, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Heritage Middle School in the Volusia County School District. MATERIAL ALLEGATIONS 3. During the 2016-2017 school year, Respondent used profanity in the presence of his students and directed profanity towards his students, Respondent’s comments included but were not limited to: e “Sit the fuck down;” e “I don’t give a fuck;” ERIK JOHNSON Administrative Complaint Page 2 of 2 e “You're on the train to Shitville,” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: 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 | G* dayof_(YVarch, _, 2018. hd, Lecer, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-003264PL
Issue Date Proceedings
Aug. 02, 2018 Undeliverable envelope returned from the Post Office.
Jul. 18, 2018 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jul. 18, 2018 Notice of Respondent's Consent to Petitioner's Motion to Amend Administrative Complaint, Deem Facts Admitted, and Relinquish Jurisdiction to the Education Practices Commission filed.
Jul. 16, 2018 Petitioner's Motion to Amend Administrative Complaint, Deem Facts Admitted, and Relinquish Jurisdiction to the Education Practices Commission filed.
Jul. 03, 2018 Order of Pre-hearing Instructions.
Jul. 03, 2018 Notice of Hearing by Video Teleconference (hearing set for August 30, 2018; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Jun. 29, 2018 Certificate of Service of Discovery filed.
Jun. 29, 2018 Petitioner's Response to Initial Order filed.
Jun. 25, 2018 Initial Order.
Jun. 22, 2018 Administrative Complaint filed.
Jun. 22, 2018 Election of Rights filed.
Jun. 22, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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