STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-2237 SANDY KINDELL, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against SANDY KINDELL. 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 L The Respondent holds Florida Educator’s Certificate 879315, covering the area of Mathematics, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Aventura Waterways K-8 Center School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2009/2010 school year, Respondent used excessive profanity in the classroom and directed inappropriate comments to students including but not limited to calling one student, “fat boy” or words to that effect and telling another, “I don’t give a shit about you,” or words to that effect. 4. On or about April 20, 2010, Respondent called C.D., a thirteen-year-old, male student, a sissy. . Filed December 7, 2011 11:43 AM Division of Administrative Hearings SANDY KINDELL Administrative Complaint Page 2 of 3 5. On or about April 20, 2010, Respondent revealed student grades, many of which were failing, to his entire class by displaying a copy of Respondent’s grade book on a white board in front of the class. The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section 1012.795(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. 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. 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. (SIGNATURE ON FOLLOWING PAGE) SANDY KINDELL 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 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. Commissioner of Education State of Florida

Docket for Case No: 11-006196PL