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.
|