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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ERIC L. WAKELEY, 19-000713PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-000713PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ERIC L. WAKELEY
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Feb. 11, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 10, 2019.

Latest Update: Nov. 18, 2024
FROM: The Education Practices Commission TO: DOAH Clerk of Court RE: REDACTION OF CERTAIN LANGUAGE The Education Practices Commission reviewed and redacted certain verbiage within the document(s) included prior to transferring the case to DOAH so that individual student(s) information cannot be identified in accordance with Section 1002.221(1), Fla. Stat. (2018). STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-0112 ERIC L. WAKELEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ERIC L. WAKELEY. 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 1114772, covering the area of Social Science, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Congress Middle School in the Palm Beach County Schooi District. MATERIAL ALLEGATIONS 3. Immediately prior to and during the BEN chool year, Respondent engaged in an inappropriate, sexual relationship with a MR) year old, ED student. Respondent’s conduct included but was not limited to the following: a) Respondent sent Ml text a : of a personal and sexual nature on a regular basis. b) On or about during school hours, Respondent sent the following text to = “Come let me slide that dick up in u 2d period”. Respondent’s planning period was second period. ERIC L. WAKELEY Administrative Complaint Page 2 of 2 c) On at least two occasions, Respondent inappropriately touched Wibend attempted to have sexual intercourse with 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. 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 LIS™ _ dayot Noveher __, 2017. Lay Leora} PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 19-000713PL
Issue Date Proceedings
Apr. 10, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 25, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for May 9, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Mar. 25, 2019 Order to Show Cause.
Mar. 19, 2019 Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts/Motion to Compel filed.
Feb. 20, 2019 Order of Pre-hearing Instructions.
Feb. 20, 2019 Notice of Hearing by Video Teleconference (hearing set for April 12, 2019; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
Feb. 19, 2019 Response to Initial Order filed.
Feb. 14, 2019 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Feb. 14, 2019 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Feb. 14, 2019 Notice of Service of Petitioner's Request for Production to Respondent filed.
Feb. 12, 2019 Order Recognizing Notice of Earlier Withdrawal.
Feb. 12, 2019 Motion to Withdraw as Counsel for Defendant filed.
Feb. 11, 2019 Initial Order.
Feb. 11, 2019 Notice of Appearance (Mark Wilensky).
Feb. 11, 2019 Election of Rights filed.
Feb. 11, 2019 Administrative Complaint filed.
Feb. 11, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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