STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner. m2 D303 vs. CASE NO. 990-1590-V WILNER SAINT-JUSTE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Wilner Saint-Juste. 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 lL, The Respondent holds Florida Educator’s Certificate 656716, covering the area of Mathematics, which is valid through June 30, 2004. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics teacher at Homestead Middle School, in the Dade County School District. MATERIAL ALLEGATIONS 3. On or about January 11, 2000, Respondent used inappropriate discipline techniques when he grabbed an unruly male student, D.J., by the collar, and pushed him against the wall. Respondent then choked the student. On or about May 8, 2000, Respondent received a letter of reprimand from his school district. D004 Wilner Saint-Juste Administrative Complaint 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 231.28(1)(i), 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 2: 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 health and/or safety. ‘ COUNT 3: The allegations of misconduct sct 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 21% day of Uh , 2000. NI on TOM GALLAGHER, as Commissioner of Education State of Florida 000s UNITED TEACHERS OF DADE, LAW DEPARTMENT LESLIE A. MEEK GENERAL COUNSEL LISA N. PEARSON ASSISTANT GENERAL COUNSEI, June 22, 2001 The Office of Professional Practices Services Florida Education Center, Room 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 RE: Tom Gallagher, Commissioner of Education vs. Wilner St. Juste File No.: 990-1590-V To Whom It May Concern: win es OAL IN ce nar 10 T enclose herewith Wilner St. Juste’s amended Election of Rights. Please be advised I will be representing him through the administrative process. Singerely, Leslie A. Meek LAM/acl Enclosure cc: Ron Stowers Fiotiba 33129

Docket for Case No: 03-000331PL