STATE OF FLORIDA “HE ps, EDUCATION PRACTICES COMMISSION — yy, y ; Hip “ . ; _ 4 7 , A DR. ERIC J. SMITH, as 4 -(D Te PL AY SIo., Oy Commissioner of Education, Megs 7, R4 g : Wig Vr Petitioner, $ vs. CASE NO. 056-0663-3 LUIS M. DIAZ, Respondent. Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against LUIS M. DIAZ. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s edueator’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 > i. The Respondent holds Florida Educator’s Certificate 798217, covering the area of Physical Education, which was valid through June 30; 2005. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Clemmie Ross James K-8 School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about May 30, 2005, Respondent became involved in a verbal altercation with G.R., a thirteen-year-old, male student. Respondent became angered by comments made by G.R. and proceeded to shove G.R. against a wall and then to physically throw G.R. to the ground repeatedly and finally dragged G.R. off in the direction of the office. As a result of Respondent’s actions, G.R. was treated at a local hospital for a badly bruised knee. Respondent was arrested and charged with one count of | Child Abuse. On or about August 8, 2006, the state attorney’s office nolle -prossed the case. LUIS M. DIAZ Administrative Complaint Page 2 of 3 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(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. (SIGNATURE ON FOLLOWING PAGE) LUIS M. DIAZ 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 Commission impose an appropriate sanction apainst the Respondenit’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 reprimani; 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 [Ls > day of ONaery 2008. Commi%$Sioner of Education State of Florida

Docket for Case No: 09-001596PL