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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs STEPHEN LAUSTER, 19-006070PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-006070PL Visitors: 18
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: STEPHEN LAUSTER
Judges: JODI-ANN V. LIVINGSTONE
Agency: Department of Education
Locations: Tallahassee, Florida
Filed: Nov. 14, 2019
Status: Closed
Recommended Order on Tuesday, November 3, 2020.

Latest Update: Jun. 13, 2024
Summary: Whether Respondent, Stephen Lauster (Mr. Lauster or Respondent), violated section 1012.795(1)(g) and (j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(2)(a)1. and (2)(a)5.; and, if so, what disciplinary penalty should be imposed.Petitioner proved Respondent violated s. 1012.795(1)(j), F.S., and R. 6A-10.081(2)(a)1. and (2)(a)5. Recommended one year suspension.
19006070_282_02122021_16042130_e


Before the Education Practices Commission of the State of Florida



RICHARD CORCORAN,

Commissioner of Education, Petitioner,

vs. EPC CASE No. 19-0317-RT

Index No. 21-059-FOF DOAH CASE No. 19-6070PL

STEPHEN LAUSTER, PPS No. 189-0234 CERTIFICATE No. 664969

Respondent.

/


Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on January 29, 2021 in Tallahassee, Florida, via video conference, for consideration of the Recommended Order entered in this case JODI-ANN V. LIVINGSTONE, Administrative Law Judge. Respondent was not present and was represented by Nicholas Anthony Caggia, Esquire. Petitioner was represented by Bonnie A. Wilmot, Esquire and Ron Weaver, Esquire.

1


Findings of Fact


  1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

  2. There is competent substantial evidence to support the findings of fact.


    Conclusions of Law


  3. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

  4. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty


Upon a complete review of the record in this case, the Commission determines that the Recommended Order issued by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:

Respondent’s certificate is hereby SUSPENDED for one (1) year from the date of this Final Order.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.


DONE AND ORDERED, this 5th day of February, 2021.



NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT

COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN

THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL

MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Stephen Lauster, 703 East Valley Drive, Bonita Springs, Florida 34134 and Nicholas Anthony Caggia, Esquire, 510 Vonderburg Drive, Suite 303, Brandon, FL 33511 by Certified U.S. Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esquire, P.O. Box 770088, Ocala, FL 34477 this 5th day of February, 2021.


COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification Superintendent


Collier County Schools 5775 Osceola Trail

Naples, FL 34109-0919


Certification Specialist Division of Human Resources Collier County Schools

5775 Osceola Trail

Naples, FL 34109-0919


Timothy Frizzell

Assistant Attorney General


JODI-ANN V. LIVINGSTONE

Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Claudia Llado, Clerk

Division of Administrative Hearings


Docket for Case No: 19-006070PL
Issue Date Proceedings
Feb. 12, 2021 Agency Final Order filed.
Nov. 20, 2020 Transmittal letter from Loretta Sloan forwarding records to the agency.
Nov. 19, 2020 Transmittal letter from Loretta Sloan forwarding Petitioner's Exhibits to Petitioner.
Nov. 18, 2020 Transmittal letter from Loretta Sloan forwarding records to the agency.
Nov. 03, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 03, 2020 Recommended Order (hearing held August 4, 2020). CASE CLOSED.
Oct. 09, 2020 Respondent's Proposed Recommended Order filed.
Oct. 09, 2020 Petitioner's Proposed Recommended Order filed.
Sep. 18, 2020 Order Granting Extension of Time.
Sep. 18, 2020 Unopposed Motion for Extension of Time to File Proposed Recommended Order filed.
Sep. 14, 2020 Notice of Filing Transcript.
Sep. 14, 2020 Transcript of Proceedings (not available for viewing) filed.
Aug. 13, 2020 Respondent's Exhibit #11 filed (Video of Bus Incident; exhibit not available for viewing).
Aug. 04, 2020 CASE STATUS: Hearing Held.
Aug. 03, 2020 Petitioner's Agreed upon Amended Witness List filed.
Aug. 03, 2020 Respondent's (Proposed) Exhibit List filed (exhibits not available for viewing).
Jul. 31, 2020 Respondent's Witness List filed.
Jul. 31, 2020 Respondents Exhibit List (with Exhibits attached) filed.
Jul. 31, 2020 Respondent's Notice of Filing Proposed Exhibits, Exhibit List, and Witness List filed.
Jul. 29, 2020 Petitioner's Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
Jul. 28, 2020 Joint Pre-Hearing Stipulation filed.
Jul. 27, 2020 Petitioner's Notice of Filing Proposed Exhibits filed.
Jul. 27, 2020 Petitioner's Second Amended Exhibit List filed.
Jul. 27, 2020 Petitioner's Second Amended Witness List filed.
Jul. 10, 2020 Order Granting Motion to Hold Final Hearing Via Zoom, Canceling Telephonic Pre-Hearing Conference, and Rescheduling Hearing by Zoom Conference (hearing set for August 4 through 6, 2020; 9:00 a.m.; Tallahassee; amended as to Hearing Type).
Jul. 10, 2020 Notice of Telephonic Pre-hearing Conference (set for July 13, 2020; 1:00 p.m.).
Jul. 10, 2020 Joint Motion for Final Hearing via Zoom filed.
Jul. 07, 2020 Petitioner's Notice of Taking Remote Deposition in Lieu of Live Testimony at Formal Hearing (Kristen O'Neill) filed.
Jul. 07, 2020 Petitioner's Notice of Taking Remote Deposition in Lieu of Live testimony at Formal Hearing (Madison O'Neill) filed.
Jul. 02, 2020 Petitioner's Motion to Use Video and/or Deposition Transcript in Lieu of Live Testimony at Final Hearing filed.
May 27, 2020 Petitioner's Notice of Taking Deposition Remote Deposition (Stephan Lauster) filed.
May 13, 2020 Order Granting Continuance and Rescheduling Hearing (hearing set for August 4 through 6, 2020; 9:00 a.m.; Naples).
May 12, 2020 CASE STATUS: Pre-Hearing Conference Held.
May 11, 2020 Notice of Appearance (Nicholas Caggia) filed.
May 11, 2020 Notice of Substitution of Counsel (Nicholas Caggia) filed.
May 05, 2020 Notice of Telephonic Pre-hearing Conference (set for May 12, 2020; 10:00 a.m.).
May 01, 2020 Petitioner's Motion for Case Management Conference and Motion to Continue filed.
Mar. 20, 2020 Order Rescheduling Hearing (hearing set for May 26 through 28, 2020; 9:00 a.m.; Naples).
Mar. 16, 2020 Amended Administrative Complaint filed.
Mar. 16, 2020 Case Status Report filed.
Mar. 12, 2020 Order Canceling Hearing (parties to advise status by March 25, 2020).
Mar. 11, 2020 Notice of Telephonic Motion Hearing (motion hearing set for March 16, 2020; 2:00 p.m.).
Mar. 11, 2020 Respondent's Response to Petitioner's Motion to Amend Administrative Complaint and Respondent's Motion for Continuance filed.
Mar. 10, 2020 Petitioner's Motion to Amend Administrative Complaint Based on Newly Discovered Evidence filed.
Mar. 06, 2020 Petitioner's Notice of Taking Deposition (Lauster) filed.
Mar. 03, 2020 Petitioner's Amended Witness List filed.
Mar. 03, 2020 Petitioner's Exhibit List filed.
Mar. 03, 2020 Petitioner's Witness List filed.
Feb. 28, 2020 Subpoena Ad Testificandum filed.
Feb. 17, 2020 Order Granting Motion to Reduce Hearing Time.
Feb. 14, 2020 Joint Motion to Reduce Hearing Time filed.
Dec. 18, 2019 Order Granting Continuance and Rescheduling Hearing (hearing set for March 24 through 26, 2020; 9:00 a.m.; Naples).
Dec. 16, 2019 Petitioner's Unopposed Motion to Continue Final Hearing filed.
Dec. 10, 2019 Notice of Service of Responses to Petitioner's First Request for Admissions to Respondent filed.
Dec. 04, 2019 Notice of Hearing (hearing set for January 15 and 16, 2020; 9:00 a.m.; Naples).
Dec. 04, 2019 Order of Pre-hearing Instructions.
Dec. 03, 2019 Notice of Transfer.
Nov. 25, 2019 Respondent's Request for Production of Documents filed.
Nov. 25, 2019 Notice of Service of Respondent's Interrogatories to Petitioner filed.
Nov. 20, 2019 Agreed Upon Response to Initial Order filed.
Nov. 14, 2019 Initial Order.
Nov. 14, 2019 Administrative Complaint filed.
Nov. 14, 2019 Respondent's Answer Administrative Complaint (Disputed Allegations) filed.
Nov. 14, 2019 Election of Rights filed.
Nov. 14, 2019 Agency referral filed.

Orders for Case No: 19-006070PL
Issue Date Document Summary
Feb. 05, 2021 Agency Final Order
Nov. 03, 2020 Recommended Order Petitioner proved Respondent violated s. 1012.795(1)(j), F.S., and R. 6A-10.081(2)(a)1. and (2)(a)5. Recommended one year suspension.
Source:  Florida - Division of Administrative Hearings

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