STATE OF FLORIDA EDUCATION PRACTICES COMMISSION Ih PHI2: 93 TOM GALLAGHER, as AD Commissioner of Education, Petitioner, vs. CASE NO. 990-0590-A PHILIP R. PIGNATARO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Philip R. Pignataro. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231,262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 710354, covering the area of : Political Science, which is valid through June 30, 2001. 2. At all times pertinent hereto, the Respondent was employed as a Specific Learning Disabilities teacher at Gulf High School, in the Pasco County School District. MATERIAL ALLEGATIONS 3. On or about July 11, 1999, Respondent became involved in a domestic dispute with his estranged wife. Respondent pushed his wife down and attempted to leave with the couples infant child. Respondent was arrested and charged with Domestic Battery. On or about August 20, 1999, the State dropped the charges because of a lack of cooperation by the victim. 4. On or about December 26, 1999, Respondent came to the house of his estranged wife violating a Domestic Violence Injunction. Respondent became involved in a dispute with the Philip R. Pignataro Administrative Complaint Page 2 of 2 boyfriend of his estranged wife during the altercation Respondent stabbed the boyfriend in the stomach with a hunting knife. Respondent was arrested and charged with Aggravated Battery and Violation of a Domestic Violence Injunction. On or about January 3, 2000, the Pasco County School District suspended Respondent with pay. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 474 day ot Ghrrme , 2000. ST Com TOM GAL) HER, as Commissioner of Education, State of Florida

Docket for Case No: 00-001144