STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. . CASE NO. 112-1374 MAGGIE E. GONZALEZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart,.as Commissioner of Education, files this Administrative Complaint against MAGGIE E. GONZALEZ. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 10 12.795, 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 778220, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2015. . 2. At all times pertinent hereto, the Respondent was employed as an Elementary Teacher at West Hollywood Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, Respondent requested back rubs from 24 grade students, including one male student, D.P. While other students agreed to give Respondent back rubs, D.P. refused. 4. In October 2011, in the presence of 2™ grade students, Respondent used profane language, such as “pissed off” and “fuck,” while talking on the telephone in the classroom. MAGGIE E. GONZALEZ Administrative Complaint Page 2 of 3 5. D.P. told his parent about Respondent’s conduct, and D.P. was subsequently transferred to a different class. Following D.P.’s transfer, Respondent, on one occasion, told D.P. that it was “not nice to tell on your teachers” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT I:. The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality Gr an act involving moral turpitude as defined by rule of the State Board of Education: COUNT2: 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 VIOLATIONS . COUNT 3: 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 4: 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. (SIGNATURE ON FOLLOWING PAGE) MAGGIE E. GONZALEZ 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 ora 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. - a) as , 2013. PAM STEWART, as Commissioner of Education State of Florida +, TED on this vo EXECUTED on this \\"* aay of

Docket for Case No: 13-001247PL