STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-1417 MARK §S, DEAUGUSTINO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MARK S. DEAUGUSTINO. 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 722654, covering the areas of Physical Education and Health, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Pasco High School in the Pasco County School District. MATERIAL ALLEGATIONS 3. _ Over the 2015-2016 and the 2016-2017 school years, Respondent repeatedly acted inappropriately in front of students. These events include but are not limited to: a. Respondent used profanity with a student, calling him a “dumbass” and telling him to “Sit the fuck down” or words to that effect. b. Respondent became angry at D.P., a 9" grade male student, and told D.P. “If I was a cop, you would have been shot and killed for not doing what you were told,” or words to that effect. MARK S. DEAUGUSTINO Administrative Complaint Page 2 of 3 c. Respondent stood so close to A.C., a ninth grade female student, as to make her uncomfortable, more than once addressed her as “sweetie” and “baby” or similar, and sat on her lap. 4. All of these events occurred before, during or after class periods and in full view of multiple students. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in 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 2: The allegations of misconduct set forth herein are in violation of Rule 6A- 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 and/or to the student’s mental health and/or physical health and/or safety. COUNT 3: The ailegations 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. (SIGNATURE ON FOLLOWING PAGE) MARK 8S. DEAUGUSTINO 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 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 i, Uh day of Aboud , 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-005381PL