STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-1507 JORGE MIGUEL GARCIA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against JORGE MIGUEL GARCIA. 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 785094, covering the areas of Mathematics and Foreign Language - Spanish, which is valid through June 30, 2013. 2, At all times pertinent hereto, the Respondent was employed as a Bilingual Teacher at Eugenia B. Thomas K-8 Center School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about May 27, 2010, the Respondent directed ten year-old male student, C.S., to pick a folded piece of paper (referred to as a “popper”) off the floor. When C.S. did not pick up the paper, the Respondent grabbed C.S. by the back of the neck and pushed C.S. down to force C.S. to pick up the paper. The Respondent’s conduct was witnessed by other students in the classroom. Filed October 9, 2012 9:38 AM Division of Administrative Hearings JORGE MIGUEL GARCIA Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT1: The Respondentis 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 VICLATIONS 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)(¢), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) JORGE MIGUEL GARCIA 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 recormmends 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 5 bay of Mord 20 12. wend é GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-003279PL