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.
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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.
|