STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, vs. CASE NO, 101-2833 BRIAN CHARLES BERKOWITZ, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Dr. Tony Bennett, as Cormmissioner of Education, files this Administrative Complaint against BRIAN CHARLES BERKOWITZ. 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 960975, covering the area of Mathematics, which was valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Congress Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3, During the 2011-2012 school year, the Respondent engaged in inappropriate conduct towards students. Specifically: (a) The Respondent called female student N.M, “fat” and “ugly,” {b) The Respondent closed the classroom door in the face of female student S.F. and pushed $.F. away from the doorway. The Respondent told S.P. that he would “knock. her down” or words to that effect; BRIAN CHARLES BERKOWITZ Adininistrative Complaint Page 2 of 3 (c) The Respondent made derogatory comments to students; and (d) The Respondent used threatening comments towards students such as “sit your ass down” and “if I weren’t your teacher I would knock you down” or words to that effect. 4, On or about March 2011, the Respondent became agitated during a conference with N.M.’s parents and school administrators. The Respondent’s supervisor directed the Respondent to leave the room. The Respondent later stated to the supervisor that the Respondent could harm N.M.’s father. 5. On or about April 7, 2011, the Palm Beach County School District reassigned the Respondent to a non-student contact position while investigating allegations against the Respondetit. 6. On or about October 4, 2011, the Respondent submitted his resignation to the Palm Beach County School District. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: — 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 isin violation of Section 1012,795(1)(j), 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 6A- 10.081(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 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) BRIAN CHARLES BERKOWITZ 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 tine 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 Z re. day of Sune, , 2013. DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-004273PL