V Uv by Se Sofy F 4 : ig, STATEOFFLORIDA __ “eS AS tog EDUCATION PRACTICES COMMISSION “yg “g am ov : Oo “bi TOM GALLAGHER, as . Commissioner of Education, Petitioner, vs. CASE NO. 989-1785-M DIEGO M. ESTREMADOYRO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Diego M. Estemadoyro. 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 736040, covering the area of Social Science, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education teacher at North Miami Beach Senior High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During April of 1998, Respondent engaged in inappropriate behavior with students in that he allowed students to be at his home for a social event during which alcohol was consumed. On or about October 9, 1998, Respondent was issued a written directive which included the following statement, “You are directed not to use or have alcohol in the presence of students or minors at any time under any circumstances.” 4. On or about July 22, 1999, Respondent had a party at his home where alcohol was served to minors. 5. On or about August 20, 1999, Respondent was placed on temporary assignment which was away from an instructional setting. Diego M. Estremadoyro Administrative Complaint - 20f3 6. On or about November 1, 1999, Respondent resigned from his teaching position with Miami-Dade Public Schools. 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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), 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 safety. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. , 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 6 — day of 2000. State of Florida

Docket for Case No: 00-003235PL