STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 2 CHARLIE CRIST, as ne ~ Commissioner of Education, 2 Petitioner, fom vs. CASE NO. 990-1656-R XUJIE DENG, O19 PL Respondent. ADMINISTRATIVE COMPLAINT » Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against XUJIE DENG. 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(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 766512, covering the areas of English to Speakers of Other Languages (ESOL), Foreign Language — Latin, and Social Science, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Foreign Language Teacher at Robert E. Lee High School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about September 11, 1998, the Education Practices Commission entered a Final Order accepting a Settlement Agreement with Respondent in Professional Practices Services Case Number 978-2531-C. The case charged Respondent with Battery/Domestic Violence against his wife. The terms of the Settlement Agreement included 3 years probation and an anger management class. ad a XUJIE DENG Administrative Complaint Page 2 of 3 4. On or about February 14, 2000, Respondent inappropriately disciplined two male students R.T. and W.C., and one female student, T.H., in three separate incicents in which he pushed them. 5. On or about April 6, Respondent made an inappropriate comment to R.T., a male student. Respondent stated, “I will kill you” or words to that effect. On or about April 13, 2000, Respondent’s principal issued him a letter of reprimand for this conduct. 6. On or about April 19, 2000, inappropriately disciplined J.W., a female student, by hitting her in the face with papers. On or about May 16, 2000, the school district reassigned Respondent to the District Administrative Center. STATUTORY VIOLATIONS sia Se — COUNT 1: 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 2: 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 3: 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. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(p). Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. XUJIE DENG 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(7) 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 on this 30 dayof___") tu ly 2002. CH Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 04-004090PL