STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, . Petitioner, VS. oo CASE NO. 112-2307 PATTI GUADAGNO, ile - [€60FL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against PATTI GUADAGNO. 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 608587, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2015, 2, At all times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Marjory S. Douglas Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 schoo! year, Respondent engaged in the following inappropriate conduct with fifth grade students: a.) Respondent would throw binders and desks during class; b.) on one occasion, Respondent shoved paper down student A.P.'s shirt; and PATTI GUADAGNO Administrative Complaint Page 2 of 4 ¢.) on another occasion, as student Z.C. bent over to pick up crayons from the floor, Respondent kicked ZC, in the ribs. 4, On. or about March 6, 2012, Respondent received a letter by certified mai] from the Office of Professional Practices Services in the Florida Department of Education informing Respondent that a case had been opened against her. 5. On or about January 17, 2014, Respondent submitted an Application for Renewal of a Florida Educator's Professional Certificate to the Office of Human Resources, Instructional Certification, in Miami, Florida, The application included the following questions: a.) "Do you have any current investigative action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate?"; and b.) “Do you have any current disciplinary action pending in this state or any other State against a professional license or certificate or against an application for a professional license or certificate?” In her swom responses to the questions, Respondent answered, “NO.” At the time that Respondent submitted the Application for Renewal, her case with the Florida Department of Education was still pending. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: 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 effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 1012.795(1)G@), 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 4: 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 PATTY GUADAGNO Administrative Complaint Page 3 of 4 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 5: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 40.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 7: The Respondent is in violation of Rule GA-10.081(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) ’ PATTI GUADAGNO Administrative Complaint Page 4 of 4 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 (SH day of _Sury , 2014, PAM STEWART, as Comunissioner of Education. State of Florida

Docket for Case No: 16-001850PL