STATE OF FLORIDA PEE EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 012-0696-V - CYNTHIA URIBE, ( (] Uf Ui pl Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against CYNTHIA URIBE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 741613, covering the area of Physical Education, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Ernest R. Graham Elementary School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, the Respondent engaged in inappropriate conduct with students. She became enraged at her P.E. students and proceeded to throw students’ bookbags. She threw some of the bookbags into the bushes and some into the air. She threw the bookbags with such force that several items in the bookbags, such as glasses, Gameboys, calculators, as well as some of the bookbags themselves, were broken. When a student asked her why she was throwing the bookbags, she replied with words to the effect of "Keep walking fucking kid." At the end of the period, she told the class words to the effect of "sit [their] [ass] down," and "Fuck you." CYNTHIA URIBE Administrative Complaint Page 2 of 3 The incident was investigated by the Miami-Dade County School District ("MDCSD") and the allegation was substantiated. The Respondent was referred to the district's Employee Assistance Program ("EAP") and given verbal directives at a Conference-for-the-Record. She failed to follow through with any of her EAP appointments. She was precluded from employment during the summer of 2001. 4. On or about February 21, 2002, the Respondent grabbed a student, C.P., by the arm and threw him into a fence, causing scratch marks on his back. Another student found C.P. on the ground crying following the incident. C.P. isamale student who was ten years old at the time. The Respondent was transferred to the Miami-Dade County District Office Life Skills Program. She continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondentis in violation of Section 1012.795(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 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 leaming and/or to the student’s mental health and/or physical health and/or 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. CYNTHIA URIBE 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 1012.795(1) and 1012.796(7), 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 24% day of Mase , 2004. Cémmissioner of Education State of Florida

Docket for Case No: 04-004464PL