DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-1863 KRISTINE MARIE DURIAS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against KRISTINE MARIE DURIAS. 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 775690, covering the arcas of English for Speakers of Other Languages (ESOL), Prekindergarten/Primary Education, and School Principal, which is valid through June 30, 2014. 2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal at Tavares Middle School or Eustis High School in the Lake County School District. MATERIAL ALLEGATIONS 3. During the 2008/2009 and 2009/2010 school years, Respondent engaged in an inappropriate relationship with A.M., a female, middle/high school student. Evidence of Respondent’s relationship with A.M. includes but is not limited to the following: A. Respondent exchanged text messages with A.M. ona daily basis until A.M.’s parents became aware of the activity and took A.M.’s phone away from her. KRISTINE MARIE DURIAS Administrative Complaint Page 2 of 3 B. After A.M.’s parents took her phone and asked Respondent not to communicate with A.M., Respondent provided another phone to A.M. without the knowledge of A.M.’s parents so that Respondent and A.M. could continue to communicate with each other. Respondent paid the bill for the phone she provided to A.M. C. Respondent had on the wall in her home, a collage consisting of approximately ten pictures of A.M. D. Respondent communicated with A.M., after she had been warned not to, on a social networking site through an account that used a made-up name for A.M. and of which A.M.’s parents were not aware. E. In communicating with A.M. over the social networking site and other times, Respondent called A.M. names such as but not limited to: Baby Girl, Angel Face, my beautiful daughter and Ahijado, while allowing A.M. to call Respondent Mommy. Respondent also repeatedly professes her love for A.M. on the social networking site. F. Respondent sent A.M. at least one letter expressing Respondent’s unconditional love for A.M. and Respondent’s fear that she would lose A.M. G. Respondent took A.M. on off campus outings without the permission of A.M.’s parents to such places as the mall and out to dinner. 4. On or about February 15, 2010, Respondent resigned in lieu of termination from her teaching position with the district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: 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. (SIGNATURE ON FOLLOWING PAGE) KRISTINE MARIE DURIAS Administrative Complaint Page 3 of 3 COUNT 3: 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. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. 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 2|9* day of July , 2010. Commissioner of Education State of Florida

Docket for Case No: 10-009945PL