}0-F800PL 6 STATE OF FLORIDA by ~«® v6) EDUCATION PRACTICES COMMISSION -¥, iy ry ‘ ? oor, ve Hosey Ta DR. ERIC J. SMITH, as Digg — 8> Commissioner of Education, OSA he Peiitioner, vs. CASE NO. 089-2815 DAVID YVES-MARIE MANIGAT, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against DAVID YVES-MARIE MANIGAT. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursiant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Coriduct 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 1000905, covering the areas of Mathematics and Gifted, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Highland Oaks Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 16, 2009, in Dade County, Florida, Respondent made inappropriate remarks to D.G., a twelve-year-old female student, about her sexual orientation. Respondent further commented about religion and homosexuality, making the student uncomfortable. 4, On or about April 26, 2009, in Dade County, Florida, Respondent threw a staple- remover in the direction of J.J., an 8" grade male student to get the student’s attention. Respondent also stated to J.J. that his report card could be found in the pants of his girlfriend E.A., an 8" grade DAVID YVES-MARIE MANIGAT Administrative Complaint Page 2 of 3 female student. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT2: 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 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 harmfu! 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- £.006(3)(c), Florida Administrative Code, in that Respondent has unreasonably denied a student access to diverse points of view. COUNTS: 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) DAVID YVES-MARIE MANIGAT 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 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 Resportdent 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 \{XS_ day or March 2010. cal ' DR. ERIC, SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-009500PL