STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 101-0135

JOSEPH FERRARO,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JOSEPH FERRARO. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795 , and 1012.796, Flodda 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 aiieges:

JURISDICTION

L The Respondent holds Florida Educator's Certificate 654798, covering the area of Social Science, which is valid throligh June 30, 2014.

1. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Harmony High School in the Osceola County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

2. On or about June 24, 2010, in Osceola County, Florida, Respondent exposed his penis to an undercover law enforcement officer and masturbated. As a deputy was beginning to place handcuffs on Respondent, Respondent spun around. After having been taken to the ground and ordered to show his hands by the deputy, Respondent refused to do so. Respondent was arrested and charged with Exposure of Sexual Organs, Unnatural and Lascivious Act, and Resisting an Officer Without Violence. The charge of Unnatural and Lascivious Act was nolle prossed. Respondent pled nolo contendere to, and adjudication was withheld for Exposure of Sexual Organs and Resisting Officer without Violence.

Filed July 15, 2011 11:50 AM Division of Administrative Hearings

JOSEPH FERRARO

Administrative Complaint

Page 2 of2

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(l)(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.

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 3 ,rd- day of 6(<..,...cr'":) , 2011.

DR. Ec.sMITH,as

Commiss10ner of Education State ofFlorida

Docket for Case No: 11-003430PL