Py -¢ STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-0864-A MICHAEL J. GIORDA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Michael J. Giorda. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes, The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 668554, covering the area of Health, which is valid through June 30, 2002. 2. At all times pertinent hereto, the Respondent was employed as an In School Suspehsion Teacher at-Central High School in the Hernando County School District. - ae MICHAEL J.GIORDA ~* Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS 3. On or about September 30 through October 1, 2000, Respondent attended the birthday party of M.C., a 16-year-old, male student after the homecoming dance. Approximately 200 to 250 students attended M.C.’s party and Respondent was the only adult present. The students drank beer and hard liquor and smoked marijuana. Respondent drank beer. C.C., a 15- year-old, female student, passed out and several boys tried to take advantage of her, but were stopped by other students. Thereafter, C.C. was hospitalized for 3 days with alcohol poisoning. When law enforcement arrived at the party, Respondent hid in the woods. On or about October 1, 2000, M.C. was arrested and charged with Possession of Alcohol Under 21 and for Breach of Peace. On or about December 2000, Respondent was arrested and charged with Culpable Negligence, Open House Party, and Contributing to the Delinquency of a Minor. The charges are pending. On or about November 20, 2000, the superintendent suspended Respondent for one day. On or about December 6, 2000, the superintendent suspended Respondent with pay. Effective on or about December 20, 2000, the school board suspended Respondent without pay pending resolution of the charges and any school district disciplinary action which might result. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(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 231.2615(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 231.2615(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 learming 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 disparagemen:. + aot MICHAEL J. GIORDA -+ Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(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 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} 3 dayof_februa ny , 2002. harlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-002195