STATE OF FLORIDA

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EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs.

AARON D. ALTHEIM,

Respondent.

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CA E NO. 089-2516

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ADMINISTRAT · . BLAINT

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Petitioner, Dr. Eric J. Smith, as Cormnissidner,' of '• E4ucation, files this Administrative Complaint against AARON D. ALTHEIM. The Pttition¢,i: s eeks, the appropriate disciplinary sanction of the Respondent's educator's certificate pursu tt<;> ections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-f.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

l. The Respondent holds Florida Educator's Ceµific;aj:1;:,.695268, covering the area of Social Science, which is valid through June 30, 2010.

1. At all times pertinent hereto, th.e Respondent w i;; employed as a Social Science Teacher at North Miarrii Middle School in the Mia.mi-Dade County School District.

   
   

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   MATERIAL ALLEGATIONS· \

   
   

2. Respondent has a history of inappropp<1.tfco:trii;rtents to students. On or about May 29, 2003, the Education Practices Commission (EPC; }iss ue; d1 aAfoal order accepting a settlement agreement between Respondent and the Commissioner of Education the underlying allegations of which include Respondent making the following statement to a student, "With the grades you have, you should drop out of school and commit suicide."

   
   

   
   

   
   

   Filed June 16, 2011 2:54 PM Division of Administrative Hearings

   AARON D. ALTHEIM

   Administrative Complaint

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3. During the Spring 2008 semester, Respondent engaged in inappropriate conduct and comments towards students. Respondent's conduct included bu.t was not limited to:

   
   

   1. On or about February 29, 2008, Respondent touched the buttocks ofM.J., a female, middle school student,}l!ld ru,)< c\ M,J. how many pairs of jeans she was wearing, stating that her buttocks was huge.

      
      

   2. On the first day of class, Respondenttoldthe class that he wanted the pretty students to sit in the front and the ugly students to sit in the back of the classroom.

      
      

   3. Respondent either hit students on the buttocks or pretended to hit students on the buttocks in front of other students.

      
      

   4. Respondent touched K.W., a thirteen-year-old, female student, on the hair and shoulders after being asked not to by K.W.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation•of Sectioir1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the. Education Profession prescribed by State Board of Education rules. ',,.

COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B­

! .006(3)(a), Florida Administrative Code, in that Respoildenthas'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 3: The allegations of misconduct set forth herein are in violation of Rule 6B­ l.006(3)(e), Florida AdmjnistrativeCode, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

AP._JZON D. ALTHE!M

Administrative Complaint

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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 repriman_d; 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 oftime not to

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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 lO years or permanently.

EXECUTED on this \'$ dayof l:J.if. 2009.

DR.

Commissioner of Education State of Florida

Docket for Case No: 11-003013PL