Oy STATE OF FLORIDA FILE e FSOODEC 14 PM &: 25 EDUCATION PRACTICES COMMISSIO ton 2 DR. ERIC J. SMITH, as v8 "9 Commissioner of Education, AUMINI STR “HE Ap ina TIVE: Petitioner, 09-WTBPL vs. CASE NO. 078-3449 WILLIAM ROBLES MCBRIDE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against WILLIAM ROBLES MCBRIDE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 559587, covering the areas of Bible and Foreign Language-Spanish, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Foreign Language Teacher at West Orange High School in the Orange County School District. MATERIAL ALLEGATIONS 3. In or around January 2007, a student hit male high school student, M.A. in the face in the Respondent’s classroom. M.A. texted his mother to let her know what happened. Soon thereafter, the school administration called the Respondent’s classroom to speak with M.A. concerning the incident. As M.A. left the room to speak with the schoo! administration, the Respondent mocked M.A. about having called his “mommy.” Other students then began to mock M.A. as well. 4. During the 2006/2007 school year, the Respondent made inappropriate comments to WILLIAM ROBLES MCBRIDE Administrative Complaint Page 2 of 3 students, including the following: A. The Respondent asked B.D. for pictures of herself. The Resporident also requested B.D.’s cell phone number and invited B.D. and other female students to go to Taco Bell with him. The Respondent invited students to come to his home, making a point of telling them that his wife was not there. : The Respondent referred to female students by nicknames such as “hot chocolate,” “candy chica,” “little red riding hood,” “pretty in pink,” and “yummy.” The Respondent took female students by the hand and asked them to “spin” so that he could view them. The Respondent commented on how female students looked or how they were attired. The Respondent winked at female students. The Respondent would use phrases with double meanings and sexual connoiations. For example, to illustrate the Spanish word for “hard,” he had a student say, “Mr. McBride is hard.” He told a student her mother was “good last night,” then went on to say that he was referring to a telephone conversation with her mother. The Respondent would tell the students to “come give me oral,” referring to taking an oral examination relating to Spanish. The Petitioner charges: COUNT 1: STATUTE VIOLATIONS The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. 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. WILLIAM ROBLES MCBRIDE Administrative Complaint Page 3 of 3 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. 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 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; determining the Respondent to be ineligible for certification; 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 \qs day of { Sctelee , 2009. Commissioner of Education State of Florida

Docket for Case No: 09-006778PL