D4 - BIBI PC STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-1440-V JOSEPH E. SUCCAR, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Joseph E. Succar. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 735277, covering the area of Varying Exceptionalities, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Whispering Pines Elementary School in the Miami-Dade County School District. JOSEPH E. SUCCAR Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS ee eee 3. On or about February 5 through 28, 2001, Respondent failed to properly supervise - and care for emotionally handicapped students committed to his care. Respondent used profanity in the presence of and directed at the students. He inappropriately disciplined the students by. hitting them, pushing them to ‘the ground, or using more force than necessary to control a situation. Respondent also employed forms of punitive discipline, such as requiring students to eat their lunches cold. Respondent left his class unsupervised on several occasions, including during a crisis, and was uncooperative with other staff. On or about February 7, 2001, Respondent failed to break up a fight between students. On or about February 9, 2001, Respondent pushed J.Y., a fourth-grade student, causing the student to hit his head against the wall, On or about February 28, 2001, Respondent took a leave of absence and was informed by his principal that his employment would be terminated the last day of the school year. STATUTORY VIOLATIONS SEALS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 3: 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 safety. . COUNT 4: 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. JOSEPH E. SUCCAR Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(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 onthis {2 dayof Mebruar , 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-003537PL