STATE OF FLORIDA. EDUCATION PRACTICES COMMISSION DR, TONY BENNETT, as Commissioner of Education, Petitioner, VS. . CASE NO, 112-3256 ANDRE LACHON GAINEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against ANDRE LACHON GAINEY. 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 6A~10.081, 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 586774, coveritig the areas of Drama and Mathematics, which is valid through June 30, 2016, 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Young Men's Preparatory Academy in the Miami-Dade County School District, MATERIAL ALLEGATIONS 3. On or about October 23, 2011, in Broward County, Florida, while under the influence of alcohol, Respondent drove a motor vehicle and struck thé rear of another vehicle. Upon approaching Respondent, a law enforcement officer observed an odor of alcohol from Respondent’s facial area and urine from Respondent’s person. Respondent showed signs of impairment on field sobriety tests. Respondent had a breath alcohol level of 182 and .179 g/210 liters as measured by. a breath test. Respondént was arrested and charged with Driving Under the Influence with Property Damage, Driving Under the Influence, and Careless Driving. ANDRE LACHON GAINEY Administrative Coriplaint Page 2 of 3 4, On or about January 19,2012, Respondent pledno contest to Count 1, Driving Under the Influence with Property Damage; Count 2, Driving Under the Influence; and Count3, Careless Driving. Respondent was adjudicated guilty of Count 1, Driving Under the Influence with Property Damage. Count 2 was nolle prossed, arid Count 3 was dismissed. 5. Respondent failed to report the conviction to school district authorities within 48 hours. 6. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the decision of guilty by a court is prima facie proof of grounds for révocation or other sanctions. The Petitioner charges: STATUTE VIOLATIONS COUNT I: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been convitted or found guilty of, or entered.a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. COUNT 2: 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 Respondent is in violation of Rule 6A~10,081(5)(mn), Florida Adininistrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse ofa child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with. the confidentiality provisions of Sections 943.0585(4)(6) and 943.059(4)(c), Florida Statutes. (SIGNATURE ON FOLLOWING PAGE) ANDRE LACHON GAINEY 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 ot 4 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 petiod of time not to exceed five years; revoking the Réespondent’s educator’s certificate for a period of time upto 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. re on a EXECUTED on this 5 day of Lune , 2013, DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-003371PL