Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: WILLIAM MCBRIDE
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Jun. 13, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 24, 2013.
Latest Update: Nov. 19, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 078-3449
WILLIAM ROBLES MCBRIDE,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against WILLIAM ROBLES MCBRIDE. 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 559587, covering the areas of
Bible and Foreign Language-Spanish, which is valid through June 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as a Foreign Language
Teacher at West Orange High School in the Orange County School District.
MATERIAL ALLEGATIONS
3. {In or around January 2007, a student hit male high school student, M.A. in the face
in the Respondent’s classroom. M.A. texted his mother to let her know what happened. Soon
thereafter, the school administration called the Respondent’s classroom to speak with M.A.
concerning the incident. As M.A. left the room to speak with the school administration, the
Respondent mocked M.A. about having called his “mommy.” Other students then began to mock
M.A. as well.
4, During the 2006/2007 school year, the Respondent made inappropriate comments to
WILLIAM ROBLES MCBRIDE
Administrative Complaint
Page 2 of 3
students, including the following:
A.
The Respondent asked B.D. for pictures of herself. The Respondent also
requested B.D.’s cell phone number and invited B.D. and other female
students to go to Taco Bell with him.
The Respondent invited students to come to his home, making a point of
telling them that his wife was not there.
The Respondent referred to female students by nicknames such as “hot
chocolate,” “candy chica,” “little red riding hood,” “pretty in pink,” and
“yummy.”
The Respondent took female students by the hand and asked them to “spin”
so that he could view them.
The Respondent commented on how female students looked or how they
were attired.
The Respondent winked at female students.
The Respondent would use phrases with double meanings and sexual
connotations. For example, to illustrate the Spanish word for “hard,” he had
a student say, “Mr. McBride is hard.” He told a student her mother was
“good last night,” then went on to say that he was referring to a telephone
conversation with her mother. The Respondent would tell the students to
“come give me oral,” referring to taking an oral examination relating to
Spanish.
The Petitioner charges:
COUNT 1:
STATUTE VIOLATIONS
The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board.
COUNT 2:
The Respondent is 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.
WILLIAM ROBLES MCBRIDE
Administrative Complaint
Page 3 of 3
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.
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.
EXECUTED on this \qra day of Octsheac , 2009.
be es a
. SMITH, as
Cormnissioner of Education
State of Florida
Docket for Case No: 13-002168PL
Issue Date |
Proceedings |
Jul. 24, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 23, 2013 |
Stipulated Motion to Close File and Relinquish Jurisdiction filed.
|
Jun. 25, 2013 |
Order of Pre-hearing Instructions.
|
Jun. 25, 2013 |
Notice of Hearing (hearing set for August 6 and 7, 2013; 9:00 a.m.; Orlando, FL).
|
Jun. 25, 2013 |
Notice of Appearance (Aaron Scicchitano) filed.
|
Jun. 21, 2013 |
Joint Response to Initial Order filed.
|
Jun. 14, 2013 |
Initial Order.
|
Jun. 13, 2013 |
Administrative Complaint filed.
|
Jun. 13, 2013 |
Election of Rights filed.
|
Jun. 13, 2013 |
Order Rejecting Settlement filed.
|
Jun. 13, 2013 |
Agency referral filed.
|