STATE OF FLORIDA . EDUCATION PRACTICES COMMISSION (. JOHN L. WINN, as ICES HET ED PGR h 2 ae Bo BQ on pa er ae Mea wt ae . PAL - Commissioner of Education, Bag Oey DF 4012 eee Petitioner, ran = m vs. CASE NO. 023-0525-B EMILE D. BAPTISTE, Respondent, . / ADMINISTRATIVE COMPLAINT against Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint EMILE D. BAPTISTE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’ s certificate pursuant to Sections 1012.795 and 1012. and pursuant to Rule 6B-1 .006, Florida Administrative Code, Principles of Pro the Education Profession in Florida, said sanctions s 1012.796(7), Florida Statutes. 796, Florida Statutes, fessional Conduct for pecifically set forth in Sections 1012.795 (1) and The Petitioner alleges: 1, JURISDICTION The Respondent holds Florida ] Athletic Coaching, Mathematics, and Busines 2 Atall times pertinent hereto, the Educator’s Certificate 846139, covering the areas of at Hialeah-Miami Lakes Senior School in the s Education, which was valid through June 30, 2004. Respondent was employed as a Mathematics Teacher 3. Miami-Dade County School District, MATERIAL ALLEGATIONS On or about April 23, 200 cocaine while speeding. Respondent w. Count 2, Possession of Marijuana; and, 2, Respondent was in unlawful possession ofmarijuana and as arrested and charged with: Count 1, Reckless Driving; Count 3, Possession of attomey’s office nolle prossed Counts 2 and 3 followin intervention program. Respondent failed to timel by law. Cocaine, During May 2003, the state g Respondent completion of a pre-trial 'y report the arrest to the school board as required SES EMILE D. BAPTISTE OS OCT 20 PH 2 Lo Administrative Complaint Page 2 of 2 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 Respondent is 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 mules, RULE VIOLATIONS COUNT3: The Respondentisin violation ofRule6B.1 006(5)(m), Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice.shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), 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 3” day of Novem ber, 2004, Di ML Ctr SOHN L. WINN, as Commissioner of Education State of Florida STATE BOARD OF EDUCATION John L. Winn Commissioner of Education F. PHILIP HANDY, Chairman T. WILLARD Fain, Vice Chairman . £, y Hs 7 Just Read, Members aa(sEloridal Linpa J. Eaps, Ep.D. CUARLES Patrick Garcia JULIA L. JOHNSON Linna K. TAYLOR November 8, 2004 CERTIFIED MATL Mr. Emile Baptiste RE: Finding of Probable Cause 12819 Southwest 28th Court Case No: 023-0525-B Hollywood, Florida 33027 SSN: 263-87-9258 Dear Mr. Baptiste: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed five years, revocation not to exceed ten years or the permanent revocation of your Educator Certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Turlington Building, Suite 224-E, Tallahassee, Florida 323 99, (850) 245-0438, Please govern yourself accordingly. Sincerely, Lhe itm John L. Winn mwl/wj ENCLOSURES 25 W. Gaines STREET - SUITE 224-E - TaLLANASS@E, FL, 32399-0400 - (850) 245-0438 + Fax (850) 245-0621

Docket for Case No: 05-004013PL