ome A, STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 05 JUL i AH 10: 5 es JUL 18 px 1: 35 SUL 2 : JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 012-2322-B Dy adSbIPL OCTAVIO A. VIDAURRETA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against OCTAVIO A. VIDAURRETA. 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 759288, covering the area of Physical Education, which is valid through June 30, 2008. 2 At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Tropical Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Respondent engaged in inappropriate conduct with students. He became upset with a student in class for doing an exercise improperly, screamed at him in front of the class and called him a "fucking bitch," or words to that effect. On another oecasion he screamed in the face of a female student, while she was trying to do pushups, "What the fuck are you doing?!" The Respondent frequently told the class they would "run until your legs fall off," and required them to run for up to thirty (30) minutes at a time with no bathroom or water breaks. When students complained that they could not run any more, the Respondent told them to OCTAVIO A. VIDAURRETA Administrative Complaint Page 2 of 3 05 JUL Jo AHIO: Sy "run until you drop," or words to that effect. School administration received numerous parent complaints about the Respondent's P.E. class and one parent removed her daughters from the class. On or about May 21, 2002, the Respondent received a letter of reprimand which he refused to sign. On the same day, he was referred to the Employee Assistance Program, but refused to sign the referral. On or about August 19, 2001, he was transferred to another elementary schoo! within the district. 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. COUNT2: The Respondent is in violation of Section 101 2.795(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 learning 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. ee OCTAVIO A. VIDAURRETA 05 JUL 12 AHIO: 54 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 /7tk day of Dibaeg 2005. A? er OHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-002569PL