"FLORIDA DEPARTMENT OF EDUCATION’ //,. Ff) 4 Hoe ya CHARLIE CRIST COMMISSIONER | March 28,2001 Mr. Mario Martinez-DeCastro 2970 Southwest 23rd Street : Miami, Florida 33145 CERTIFIED MAIL RE: Finding of Probable Cause oe SSN: 590-18-4707 Dear Mr. Martinez-DeCastro: : ; Pursuant to the provisions of Sections 231.262 and 231.2615, 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 231.2615(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. : Please govern yourself accordingly. CC/fm ENCLOSURES THe Capron Flora Anantic University Tower Puaza Levet 08 University oF SOUTH Fiorina, St.PEveRsaurG C4:-7 220 S.E. 2p Avenue, #726 Tatanassee, Fiorina 32399-0400 POY 248, 140 71H Avenue SouTH Fr. Lauperoale, Frorioa 33301 (850) 487-1785 © SC 277-1785 ; Sr. Peterseurc, Froripa 33701 (954) 762-5322 Fax (850) 413-0378 * SC 993-0378 (727) 553-3730 Fax (954) 762-5197 Fax (727) 553-1033 hip://www.firn.edu/dee a) Om STATE OF FLORIDA mm Fie a EDUCATION PRACTICES COMMISSION®! Kay 10 PHI2:58 CHARLIE CRIST, as» Commissioner of Education, Petitioner, vs. MARIO H. MARTINEZ-DeCASTRO, Respondent. ee ADMINISTRATIVE COMPLAINT Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against MARIO H. ‘MARTINEZ-DeCASTRO. The Petitioner seeks the appropriate disciplinary sanctions of the Respondent’s Educator's Certificate _ pursuant to Sections 331.262 and 231.2615, Florida Statutes and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession”irt Florida, said sanctions specifically set forth in sections 231.262(6) and 231.2615(1), Florida Statutes. ‘The Petitioner alleges: | | JURISDICTION 1. The Respondent holds Florida Educator's Certificate no. 731543, covering the areas of English to Speakers of Other Languages, which is valid through June 30, 2004. 2, At all times pertinent hereto, the Respondent was employed as an Language ‘Ars teacher at William Turner Technical Ants High School, in the Miami-Dade County School District. a ; io H. Martinez-DeCastro sdministrative Complaint Case No. 001-0814-V MATERIAL ALLEGATIONS 3. On or about October 18, 2000, the Respondent used inappropriate language and gestures with students. The Respondent has harassed and embarrassed his students that do.not speak the English language, by making demeaning statements about thei national origin. The Respondent has also called his students, including Everth Masis, a a “bitch? ” The | Respondent also has made a gesture with his hands as if he was masturbating to another one . of his students, Nadezka Baguedano. The Respondent has also improvised theatrical plays in class, where Respondent arranges for two of his students to kiss. STATUTORY VIOLATIONS COUNT I: The Respondent is in violation of Section 231. 2615(1)0), 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 Il: The allegations set forth herein are in violation of Rule 6B-1.006(3) (a), Florida Administrative Code, in that Respondent has failed to make reasonable efforts 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 III: 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. COUNT IV: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or -2- —— ere Oo (*fatio H. Martinez-DeCastro Administrative Complaint Case No. 001-0814-V discriminated against the students on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effor to assure that each student is protected from harassment or discrimination. . WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty Pursuant to the authority provided in Sections 731.262(6) and 231.2615(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 (3) 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 & dayof WN AAGH , 2001. By Commissioner of Education, State of Florida FADATA\DOE\MARTINEZ\PLDGS\COMPLAIN.DOC

Docket for Case No: 01-001823PL