JOHN L. WINN, as Commissioner of Education. fe ae “a eae Petitioner, « vs. CASE NO. 045-2631-V GUADALUPE G. PINDER, , As p Dl 9362-PL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against GUADALUPE G. PINDER. 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 878410, covering the area of Primary Education, which was valid through June 30, 2005. 2. Atall times pertinent hereto, the Respondent was employed as a Temporary Instructor in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about February 26, 2005, Respondent willfully and knowingly failed to follow standardized testing procedures, policies and instructions when talcing the essay subtest of the © General Knowledge Exam, a teacher certification examination. Respondent failed to produce an original essay as required. She instead produced an essay similar in sentence structure, content and diction to one or more other essays. Respondent’s actions constitute cheating. On or about March 10, 2005, the Department of Education notified Applicant that her essay subtest and any other tests she took on that date were invalidated. GUADALUPE G. PINDER Administrative Complaint Page 2 of 3 STATUTE VIOLATIONS COUNT: TheRespondentis in violation of Section 1008.24(1), Florida Statutes, in that Respondent knowingly and willfully violated test security rules adopted by the State Board of Education for mandatory tests administered by or through the State Board of Education or the Commissioner of Education to students, educators, or applicants for certification or administered by school districts pursuant to s, 1008.22. COUNT 2: The Respondent is in violation of Section 1008.24(1)(f), Florida Statutes, in that Respondent knowingly and willfully failed to follow test administration directions specified in the test administration manuals. COUNT 3: The Respondent is in violation of Section 1008.24(1)(g), Florida Statutes, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any of the acts prohibited in this section. : COUNT 4: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained the teaching certificate by fraudulent means. COUNTS: 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 6: The Respondent is in violation of Section 1012.795(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT?7: The Respondent is 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. COUNT 8: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 10: The Respondentis in violation ofRule 6B.1006(5)(h), Florida Administrative aie te og Malo 09 GUADALUPE G. PINDER og Wuhe Administrative Complaint Page 3 of 3 Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one ora combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice: assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate fora period of time up to 10 years or permanently. EXECUTED on this Q-f- day of lehn pana , 2006. Avil iho. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-002382PL