STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-1713 DAGOBERTO MAGANA-VELASQUEZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DAGOBERTO MAGANA-VELASQUEZ. 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 712249, covering the area of Mathematics, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Miramar High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2015-2016 school year, Respondent made racially, ethnically, and/or socioeconomically driven disparaging comments towards students on school grounds and during school hours. These comments included, but are not limited to, the following: 1) Stating that certain students smell because they are “from the hood where there is no hot water,” or words to that effect; 2) Besmirching Haitian students by, among other things, referring to Port Au Prince, Haiti as “the hood,” or words to that effect; DAGOBERTO MAGANA-VELASQUEZ Administrative Complaint Page 2 of 3 3) Stating that PEMDAS stands for “please excuse my dumbass students,” or words to that effect; 4) Referring to exceptional-education students as “mental kids” or words to that effect; 5) Attempting to insult general-education students by comparing their academic abilities to the abilities of their exceptional-education student peers; and 6) Stating that his students “drink from sewers because their food stamps do not get in on time” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 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 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. (SIGNATURE ON FOLLOWING PAGE) DAGOBERTO MAGANA-VELASQUEZ 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 [Ug day of Diu 2, 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-006844PL