STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 156-0892 FRAN WERNERSBACH, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against FRAN WERNERSBACH. 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 6A4-10.081, 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 is The Respondent holds Florida Educator’s Certificate 850015, covering the areas of Social Science, Gifted and Exceptional Student Education, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies Teacher at Stoneman Douglas High School in the Broward County Schoo! District. MATERIAL ALLEGATIONS 3. During the 2014/2015 and 2015/2016 school years, Respondent disparaged and embarrassed students in front of their friends and fellow classmates. Examples of Respondent’s conduct include but are not limited to: a) On or about November 3, 2014, Respondent disparaged J.R., a sixteen year old, male student, by asking J.R., in front of the class, “why do you come to schoo] anyway,” and “do you have even a 1.1 GPA,” or words to that effect. b) ¢) q) FRAN WERNERSBACH Administrative Complaint Page 2 of 4 Respondent continued to embarrass J.R. by stating that some of the class would end up in jail and some already had, knowing that I.R. had spent time in jail. On or about May 19, 2015, Respondent disparaged and embarrassed D.F., a male, high school student in Respondent’s class when Respondent refused to answer D.F.’s academic questions related to student projects even though questions from other students were being properly addressed by Respondent. On or about August 25, 2015, Respondent embarrassed J.S., a female student in Respondent’s class, by questioning J.S., in front of the class, in regards to J.S.’sname change. Subsequent to the exchange with J.S., Respondent stated referring to J.S., in front of students, some of whom were friends with J.S., that , “they took that piece of shit out of my class,” or words to that effect. LS. requested and was granted transfer out of Respondent’s class. On or about August 28, 2015, Respondent sought out Peter Mahmood, an ROTC instructor at Respondent’s school, and expressed concerns regarding T.R., a seventeen year old, male student, dating a female ROTC student. Respondent told instructor Mahmood that T.R. was a troubled student who had problems with drugs and alcohol. Respondent embarrassed students and revealed confidential information by calling students’ parents in front of the class and discussing the students’ grades and grade point averages. 4. During the 2014/2015 and 2015/2016 school years, Respondent created a hostile environment at her school by calling other educators obscene and offensive names often in the presence of students. Respondent’s comments included but were not limited to calling other educators, little fuck, fucking little shit and fucking bitch or words to that effect and by telling other educators that they were, “going down,” because Respondent was, “a Brooklyn girl,” or words to that effect. 5. Respondent’s conduct resulted in a loss of effectiveness in that it impacted her relationships with both students and other educators. FRAN WERNERSBACH Administrative Complaint Page 3 of 4 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 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. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 64- 10.081(2\(a)1, Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning arid/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(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT §: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)9, Florida Administrative Code, in that Respondent has failed to keep in confidence personally identifiable information obtained in the course of professional services, unless disclosure served professional purposes or is required by law. COUNT 6: ‘The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)4, 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 io assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) FRAN WERNERSBACH 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. 4 —Hecrerr/ - a A aoe _ PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-001421PL