ok a Cae 5 lle cei bis i la Ww VU STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as . . Commissioner of Education, ; OO- \ iy {9 Petitioner, vs. . 7 ~ CASE NO, 989-2685-V NELSON A. VARONA, © —_ Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Nelson A. Varona. 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 aL, "The R Bie hol - At all times pe’ nent hereto, the Respondent w: was as employed as asa ‘a Physical Education - teacher a at t Sweetwater E Element ty School, in the Miami-Dade County School District. _ ~ MATERIAL ALLEGATIONS 3. Onor about October 21, 1994, Respondent asked an “undercover Police officer for oral sex and offered to pay her money. Respondent was arrested and charged with Lewd and Lascivious Behavior. On or ab ber 24, 1994, the States Attorney dropped the case. _ a Educator s Certificate 710224, covering theareasof : Physical Education , which was valid through June 30,2004. Menta ae ee ee oe Nelson A. Varona ; Administrative Complaint | Page 2 of 2 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)(£), 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)(), 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 onthis_ ¢ 7 day of Dhue , 2000. Commissioner of Education, State of Florida

Docket for Case No: 00-001615