__ STATE OF FLORIDA EDUCATION PRAHTEeBS COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-0185-T GABRIEL MORAGA, respondent. OS* STIL ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against GABRIEL MORAGA. 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 728317, covering the area of Chemistry, which is valid through June 30, 2006. 2, At all times pertinent hereto, the Respondent was employed as a Chemistry Teacher at Barbara Goleman Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 12, 2001, Respondent engaged in inappropriate conduct with J.M., a 17-year-old student in his class, by suggesting that he would raise her grade in exchange for either money or sex, and giving the student his cell phone number. On or about September 13, 2001, the school principal gave Respondent a verbal warning. GABRIEL MORAGA 05 0CT-5 PH 3:34 Administrative Complaint Page 2 of 3 4. On or about October 29, 2003, Respondent engaged in inappropriate conduct with aS.O.,a 17-year-old student in his class, by tickling her, tugging her ponytail, pushing her chair, and making comments that made her feel uncomfortable. On or about November 14, 2003, Respondent sent a letter to the student’s mother, threatening to sue her and her family for defamation, subpoena and depose all of her family and friends, and that he “will not stop until I clear my name of these false accusations.” On or about September 1, 2004, the school district issued Respondent a letter of reprimand. 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)(), 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 harmfil 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 6: = 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. GABRIEL MORAGA Administrative Complaint Page 3 of 3 os act -5 PM 33 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(4) (c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNTS: TheRespondentisin violation ofRule 6B.1006(5)(o), Florida Administrative Code, in that Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. 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 “| day of ow. , 2005. a “Whe JO L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-003798PL