FLORIDA DEPARTMENT OF EDUCATION Z. ma TALLAHASSEE, FLorIDA 32399-0400 oO “A So ‘ C “et 9 “oN CED 2 re “ie, Tom Gallagher EO “a Commissioner ne 2 4a August 21, 2000 | Ol-DSBEPL Mr. John Miller 17720 Northwest 11th Avenue Miami, Florida 33169 . CERTIFIED MAIL RE: Finding of Probable Cause SSN: 291-38-8720 Dear Mr. Miller: Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Sincerely, —_— lew Tom Gall T TG/jh ENCLOSURES Plaza Level, The Capitol * Tallahassee, Florida 32399-0400 (850) 487-1785 ¢ Fax (850) 413-0378 http://www.firn.edu/doe An affirmative action/equal opportunity employer Qo A 4 STATE OF FLORIDA & < EDUCATION PRACTICES COMMISSION Mo, & ‘gh, OP ge, LA , TOM GALLAGHER, as UP On “, Commissioner of Education, op Le e Petitioner, vs. . CASE NO. 990-1166-V . JOHN MILLER, Respondent. / TIV. AINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against John Miller. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 23 1.262 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 277151, covering the areas of Health Education and Physical Education, which is valid through June 30, 2005. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education teacher at Madison Middle School, in the Dade County School District. ATE L ALLEGAT 3. On or about October 24, 1999, Respondent battered his wife by pushing her down and then striking her in the face with a closed fist. Respondent was arrested and charged with Battery. On or about December 16, 1999, the charge against the Respondent was Nolle Prosequi by the court. John Miller Administrative Complaint 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is 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 Respondent is in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. ; COUNT 3: The Respondent is 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_2(S2 day of Aheccpae? , 2000. Commissioner of Education State of Florida

Docket for Case No: 01-000588PL