CPIMCA FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION ht Honge Commissioner of Ede Nema) F. PHILIP HANDY, Chairmun T. WILLARD FAIR, Vice Chairman BR Just Read, Members y E Florida! SALLY BRADSHAW Linoa J. Eaps, Ep.D. CHARLES PATRICK GaRCiA JULIA L. JOHNSON WILLIAM L. PROCTOR, PH.D. May 7, 2003 CERTIFIED MAIL Mr. Brian Nofal RE: Finding of Probable Cause 12 Shawnee Trail Case No: 012-1038-M Ormond Beach, Florida 32174 SSN: Dear Mr. Nofal: Pursuant to the provisions of Sections 1012.796 and 1012.795, 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 1012.796(6) and 1012.795(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 Educator 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. Sincerely, ji ore JH:DA: ENCLOSURES 325 W. GAINES STREET * SUITE 224-E + TALLAHASSEE, FL 32399-0400 = (850) 488-2481 + www. fldoe.org STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JEM HORNE, as a ae Commissioner of Education, mS Petitioner, vs. Case Number: 012-1038-M BRIAN NOFAL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against BRIAN NOFAL. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate Pursuant to Sections 1012.795 and 1012.796, 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 1012.795 (1) and 1012.796 (7), Florida Statutes. JURISDICTION 1. The Respondent holds Florida educator's certificate 755944, covering the area of Foreign Language-Spanish, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Taylor Middle High School, in the Volusia County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Respondent engaged in inappropriate conduct directed toward a minor male student in that he: (a) intentionally made physical contact with the student by bumping his knee against the student or brushing his body against the student; (b) intentionally bumped the student with his briefcase; (c) made comments to the student of a personal nature which were inappropriate and unnecessary, including comments that the Responent was homosexual; (d) asked the student if he had plans for the weekend: (e) invited the student to go bowling with him: and (f) gave the student his personal cellular telephone number. Se TE ACS BeRSREA Brian Nofal Administrative Complaint Page 2 of 3 4. During the 2001-2002 school year, the Respondent conducted himself inappropriately in his classroom in that he; (a) threw chalk against the chalkboard in anger or frustration; (b) used profanity in the classroom; (c) gave students his personal cellular telephone number and invited them to go bowling with him; (d) gave students his home address and directions to his home by writing them on the chalkboard; and (e) gave students his home, cellular and facsimile telephone numbers. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violaton of Section 1012.795 (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 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 safety, COUNT 3: 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. Brian Nofal 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 1012.795 (1) and 1012.796 (7), 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 Mh. day of Maw , 2003. mmissioner of Education, State of Florida

Docket for Case No: 03-003162PL