STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-0224 SUZANNE VICTORIA MILANO-BERRIOS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against SUZANNE VICTORIA MILANO-BERRIOS, ‘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 lL The Respondent holds Florida Educator’s Certificate 876971, covering the areas of Educational Leadership, Elementary Education and School Social Worker, which, is valid through June.30, 2015. 2. At all times pertinent hereto, the Respondent was employed as an Administrator with Psychological Services in the Miami-Dade County School District, MATERIAL ALLEGATIONS 3, Between 2010 and 2012, Respondent created a hostile and intimidating work environment by engaging in the following conduct: a.) Respondent, in the presence of co-workers, used profane language directed at her subordinates, including “fuck” and “bullshit”: SUZANNE VICTORIA MILANO-BERRIOS Administrative Complaint Page 2 of 3 b.) Respondent, in the presence of co-workers, directed various personal insults at her subordinates, including calling them “fat” or “stupid” or commenting negatively on their choice of clothing; c.) On one occasion, when one subordinate returned from a vacation, Respondent announced, “The bitch is back,” or words to that effect; d.) On certain occasions, Respondent’s rebukes. would cause subordinates to cry. Respondent, in turn, laughed at the fact that they were crying; e.) Respondent required her subordinates to purchase presents for Respondent on Respondent’s birthday, Christmas, Boss’s Day, Mother’s Day, and other holidays. When the subordinates did not comply, Respondent punished them. On one occasion, when Respondent did not receive a Mother’s Day gift, Respondent stated to her staff, “Fuck you and fuck all of you,” or words to that effect; and f. we Respondent discussed inappropriate themes at wotlk, including details of her sexual experiences; the disclosure of these details made her co-workers feel uncomfortable. 4, Miami-Dade County Public Schools conducted an investigation based on the Respondent’s conduct alleged herein. On or about July 10, 2012, Respondent was notified that probable cause had been found against her. On or about December 18, 2012, Respondent was notified that, as a result of a comprehensive review of Respondent’s record, a final decision was made to rescind Respondent’s provisional reappointment. Respondent’s employment was terminated on January 7, 2013, The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), F orida: Sta utes, 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)(g), F orida Sta utes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board, COUNT 3: The Respondent is in violation of Section 1012.795(1)Q), F orida Sta utes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. SUZANNE VICTORIA MILANO-BERRIOS Administrative Complaint Page 3 of 3 RULE VIOLATIONS COUNT 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(d), Florida Administrative Code, in that Respondent has accepted gratuity, gift, or favor that might influence professional judgment. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. 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 Resporident’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. st EXECUTED on this 21°" day of May 2014, PAM STEWART, as Commissioner of Education State of Florida © | Sawpanon Catt’ Type Reader» Coed 7 en ac ‘ ANP Record DOE No. 876971 Confidential” Granted” Bip Pity 1 ; cove os penta ve SN OEGSIK) OE Ho TRIN bow a? ft "Ve fit. 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