STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO. 090-1272 CLARENCE H. BRANCHEAU, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CLARENCE H. BRANCHEAU. ° The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator's certificate pursuant to Sections 1012.315, 1012.795, and 1012.756, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Adininistrative 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 886354, covering the area of Foreign Language - Spanish, which is valid through June 30, 2011. 2, At all times pertinent hereto, the Respondent was employed as a Spanish Teacher at Westpine Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2009 - 2010 school year, Respondent engaged in inappropriate conduct toward students in the form of inappropriate touching. 4. Respondent hugged K.M., a twelve-year-old female student, body to body, rubbed her back, up and down, to the top of her buttocks. This action was done in front of the class. It made K.M. feel uncomfortable. CLARENCE H. BRANCHEAU Administrative Complaint Page 2 of 3 5. - Respondent put his hand around the neck of S.V., a twelve-year-old female student, squeezed, and put his face close to her. 6. Respondent rubbed the leg of K.G., a fourteen-year-old female student, and made her feel “weird.” 7. During the week of January 4, 2010, Respondent rubbed the back of S.L., a thirteen- eat-old female student, in front of other students and commented, “look at this beautiful girl.” These actions made S.L. uncomfortable. 8. Respondent made an inappropriate comment to P.C., thirteen-year-old male student, to that effect. P.C. had been conversing with A.Y., a female classmate. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(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. COUNT 2: The Respondent is in violation of Section 1012.795( 1)Q), 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. (SIGNATURE ON FOLLOWING PAGE) CLARENCE H. BRANCHEAU 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. EXECUTED on this yah day of December , 2010. DR. ERIC. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 13-002006PL