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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LESTER L. WASHINGTON, 18-005939PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005939PL Visitors: 20
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LESTER L. WASHINGTON
Judges: G. W. CHISENHALL
Agency: Department of Education
Locations: Pensacola, Florida
Filed: Nov. 13, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 28, 2019.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 167-3459 LESTER L. LORENZO WASHINGTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LESTER L. LORENZO WASHINGTON. 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 1309405, covering the area of Guidance and Counseling, which is valid through June 30, 2021. 2: At all times pertinent hereto, the Respondent was employed as a Substitute Teacher at Warrington Middle School in the Escambia County School District. MATERIAL ALLEGATIONS 3. During the 2016-2017 school year, Respondent failed to keep in confidence personally identifiable student information obtained in the course of Respondent’s employment. Examples of personally identifiable student information Respondent failed to keep in confidence include: a. Students’ Individualized Educational Plans (IEPs); b. Exceptional Student Education (ESE) students’ names; c. Students’ disciplinary records; LESTER L. LORENZO WASHINGTON Administrative Complaint Page 2 of 3 d. Students’ dates of birth; and e. Students’ Identification Numbers. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)6, Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)9, Florida Administrative Code, in that Respondent has failed to keep in confidence personally identifiable information obtained in the course of professional services, unless disclosure served professional purposes or is required by law. (SIGNATURE ON FOLLOWING PAGE) LESTER L. LORENZO WASHINGTON 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_ 4" dayof_ June_ 2018. Lb Pecerrf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005939PL
Issue Date Proceedings
Jan. 28, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 23, 2019 Notice of Filing Settlement Agreement Amending Administrative Complaint filed.
Jan. 23, 2019 Notice of Notarized Settlement Agreement Requested by and Sent to Attorney Schulte for FLDOE, et. al as Promised DOAH Case - 18-5939 and Settlement of the Case filed.
Jan. 23, 2019 Notarized Settle Agreement and Email Confirmation Due 1/23/2019 Before Disclosure of Confidential Information filed.
Jan. 15, 2019 Order Pertaining to Motion Filed by Respondent on January 7, 2019.
Jan. 14, 2019 Notice of Service of Answers to Respondent's First Set of Interrogatories filed.
Jan. 14, 2019 DOE's Response to Respondent's First Request for Production of Information filed.
Jan. 14, 2019 Notice of Submission of DOAH Named Respondent's Discovery to Petitioner filed.
Jan. 10, 2019 Petitioner's First Request for Admissions filed.
Jan. 07, 2019 Motions, Apologies, and Demands filed by Respondent.
Dec. 14, 2018 Order Granting "Motion to Continue Final Hearing" (hearing set for February 12, 2019; 8:30 a.m., Central Time; Pensacola, FL).
Dec. 14, 2018 Motion to Continue Final Hearing filed.
Dec. 11, 2018 Notice of Telephonic Pre-hearing Conference (set for December 13, 2018; 8:45 a.m., Eastern Time; 7:45 a.m., Central Time).
Dec. 11, 2018 Notice of Substitution of Counsel filed.
Dec. 11, 2018 Notice of Appearance (Thomas Schulte) filed.
Nov. 29, 2018 Notice of Telephonic Pre-hearing Conference (set for December 7, 2018; 8:45 a.m., Eastern Time; 7:45 a.m., Central Time).
Nov. 29, 2018 Notice of Change of Address of Counsel for Petitioner filed.
Nov. 29, 2018 Notice of Service of Respondents First Set of Interrogatories to the Petitioner filed.
Nov. 29, 2018 DOAH Named Respondent's First Request for Production of Information in Case 18-5939PL filed.
Nov. 29, 2018 DOAH Named Respondent's First Set of Interrogatories filed.
Nov. 28, 2018 Petitioner's First Request for Production of Documents filed.
Nov. 28, 2018 Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
Nov. 26, 2018 Motion to Enter Responses, Needs, and Dates Re the Initial Order in Case 18-5939 Because the Petitioner Did Not Contact Me in Violaton of DOAH Policies filed.
Nov. 26, 2018 Demand/Motion to Reverse the Striking of the Motion, to Grant a Two-week Extension, and/or a Phone Conference to Prevent the Illegal Construction of the Case Without Input by the Respondent filed.
Nov. 21, 2018 Order of Pre-hearing Instructions.
Nov. 21, 2018 Notice of Hearing (hearing set for January 11, 2019; 9:00 a.m., Central Time; Pensacola, FL).
Nov. 21, 2018 Order Regarding Respondent's Motion for Extension of Time and Petitioner's Motion to Strike.
Nov. 19, 2018 Petitioner's Response to Motion for Thirty Day Extension of Time to Respond to the Initial Order and Motion to Strike filed.
Nov. 19, 2018 Motion for 30-60 Day Extension to December 22 or beyond to Respond to all Aspects of the Initial Order in 18-5939PL and to Initiate Discovery filed.
Nov. 13, 2018 Initial Order.
Nov. 13, 2018 Administrative Complaint filed.
Nov. 13, 2018 Election of Rights filed.
Nov. 13, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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