STATE OF FLORIDA EDUCATION PRACTICES COMMISSION O4-6d15 PL DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 067-1173-1 JOSE M. PADILLA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JOSE M. PADILLA. 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 824625, covering the areas of Physical Education and Exceptional Student Education, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Thomas Jefferson Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. In or around April 2004, the Respondent submitted a request to the Miami-Dade County School District for a credential payment, a pay increase based on having an advanced degree. In support of that request, the Respondent provided a transcript from one Amstead University, which indicated that he had purportedly earned a Master’s Degree. 4. Amstead University is not an accredited institution. Amstead University is an online service that offers to provide customers with a degree and transcript for the payment of a fee, based JOSE M. PADILLA Administrative Complaint Page 2 of 3 not upon course-work or academic study, but upon purported life experience. 5. The purported master’s degree given to the Respondent was not an earned, academic degree. 6. Without the purported master’s degree from Amstead University, the Respondent would not otherwise qualify for the pay increase requested. 7. The Respondent knew that the purported master’s degree from Amstead University was not an earned, academic degree, but he held it out as such, and he intended for the District to rely upon that representation in order to grant him a pay increase. The Petitioner charges: 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)(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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT4: The Respondentis in violation of Rule 6B.1006(5)(g), Florida Administrative Code, in that Respondent has misrepresented his professional qualifications. COUNTS: The Respondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) JOSE M. PADILLA Administrative Complaint Page 3 of 3 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 Cornmission 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 or a 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 for a period of time up to 10 years or permanently. EXECUTED on this_/ ite day of Tarsocy 2008. CommisSioner of Education State of Florida

Docket for Case No: 09-000375PL