FLORIDA DEPARTMENT OF EDUCATION TALLAHASSEE, FLORIDA 32399-0400 Y Tom Gallagher Ky | Commissioner ce Ks ye “gy, October 11, 2000 | O | DES WH Mr. Sergio Navarro 96 Edgewood Drive Crawfordville, Florida 32327 CERTIFIED MAIL | RE: Finding of Probable Cause SSN: 261-17-0939 Dear Mr. Navarro: \ Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 23128(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Sincerely, Lee Tom Gallagher TG/jh ENCLOSURES Plaza Level, The Capitol ¢ Tallahassee, Florida 32399-0400 (850) 487-1785 ¢ Fax (850) 413-0378 ' http://www.firn.edu/doe ; An affirmative action/equal opportunity employer STATE OF FLORIDA Y 7, & EDUCATION PRACTICES COMMISSION “> “ g Wi, ~ A Wi, 7 TOM GALLAGHER, as 4s sy hry Commissioner of Education, ‘ Uy, ng Qe OOO if “be ’ Petitioner, vs. CASE NO. 989-0563-C SERGIO NAVARRO, Respondent. / ADMINI T. NT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Sergio Navarro. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. \ The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 688142, covering the area of Emotionally Handicapped, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as an ESE teacher at Wakulla Middle School, in the Wakulla County School District. TERIAL ALLE ION: 3. On or about January 10, 1995, Respondent stole prescription sheets form his place of employment and forged prescriptions for controlled substances, Vicodin and Valium. Respondent was arrested and charged with Prescription Fraud. On or about January 17, 1995, Respondent was placed in “Drug Court” probation with certain conditions for treatment. Sergio Navarro Administrative Complaint 2 of 3 4. Prior to November 14, 1997, Respondent had sexually abused a minor female M. C. when she had spent the night at his home with his daughter. Respondent fondled her and had sexual intercourse with the student several times. 5. Prior to February 25, 1998, Respondent provided alcoholic beverages and cigarettes to a minor female student C. C. on numerous occasions when she had stayed at Respondent’s home for the night. STATUT ATI _ COUNT 1: The Respondent is in violation of Section 231.17(3)(c)5., Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. COUNT 2: The Respondent is in violation of Section 231.17(10)(a), Florida Statutes, which provides that the Department of Education may deny an Respondent a certificate if the _. department possesses evidence satisfactory to it that the Respondent has committed an act or acts, or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate. COUNT 3: The Respondent is in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 4: The Respondent is in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 5: The Respondent is in violation of Section 231.28(1)(i), 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(a), 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 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. Sergio Navarro Administrative Complaint 3 of 3 COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons ’ set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this // ¢® day of ott. , 2000. vee TOM GAL R, as Commissioner of Education State of Florida

Docket for Case No: 01-000587PL