STATE OF FLORIDA

EDUCATION PRACTICES COlVThiISSION

GERAIU> ROBINSON, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 101-1019

\VILLIAM A. MUSTO,

Respondent.

ADMINISTRATIVE COJ\i1PLAINT

Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against WILLIAM A. MUSTO. 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 theEducation Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes.

The Petitioner alleges:

JUlUSDICTiON

l. The Respondent holds Florida Educator's Certificate 847638, covering the area of Social Science, which is valid through June 30, 2018.

1. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher ctt Discovery Intermediate School in the Osceola County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

2. On or about September 21,2010, C.D., a fourteen year-old male student, entered the Respondent's classroom wearing a hat. The Respondent <lirected C.D. to remove his hat. When

C.D. did not remove his hat and sat down, the Respondent approached CJ). from behind, struck

C.D. in the head and said "Don't try 1ne" or words to that effect.

Filed November 9, 2012 1:32 PM Division of Administrative Hearings

The Petitioner charges:

STATUTE VlOJ;,ATIONS

WILLIAM A. MUSTO

Administrative Complaint

Page 2 of2

COUNT 1: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rnles.

RULE VIOLATIONS

COUNT 2: T11e allegations of misconduct set forth herein are in violation of Rule 6B- l.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 nd/or safety.

COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- l.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary emba1Tassment or disparagement.

D.,-\

;: .

, 2012.

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 emoll 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 peiiocl 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        l'\_ - day of M

GERARD ROBINS N, as

Commissioner of Education State of Florida

Docket for Case No: 12-003639PL