STATE BOARD OF EDUCATION Pie Jim HORNE es . Commissioner of Education F. PHILIP HANDY, Chairman foe oan T. WILLARD FAIR, Vice Chairman rr ‘just Read, Members Florida! Linpa J. Eaps, Ep.D. CHARLES PATRICK GARCIA JULIA L. JOHNSON WILLIAM L, PROCTOR, PH.D. November 5, 2003 CERTIFIED MAIL Mr. Melvin Figueroa-Mateo RE: Finding of Probable Cause 5631 Washington Street Apt. 102 Case No: 012-0120-M Hollywood, Florida 33023 SS Dear Mr. Figueroa-Mateo: 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, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, Si ome JH:DA;j ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 * (850) 245-0438 » Fax (850) 245-0621 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 012-0120-M MELVIN C. FIGUEROA-MATEO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against MELVIN C. FIGUEROA-MATEO. 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. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 730579, covering the areas of Biology and General Science, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Science Teacher at New River Middle School, in the Broward County School District. MATERIAL ALLEGATIONS 3. Onorabout May 2, 1998, Respondent engaged ina verbal altercation with his wife during which he struck her on the face. After law enforcement officers arrived at the scene, Respondent approached them in an aggressive manner while holding a child. He then struggled with them during his arrest. Respondent was arrested and charged with: Count 1, Battery; and, Count 2, Resisting Arrest without Violence. On or about June 25, 1998, the state attorney's office nolle prossed Count 1. MELVIN C. FIGUEROA-MATEO Administrative Complaint Page 2 of 2 Respondent pled nolo contendere to Count 2. The court withheld adjudication of guilt as to Count 2, placed Respondent on probation for a period of 12 months and required him to pay various fines and costs. 4. Onor about February 25, 2001, Respondent was in possession of an open container of alcohol ona public beach in defiance ofa local ordinance. On or about April 4, 1001, Respondent pled nolo contendere to the charge. The court adjudicated Respondent guilty and fined him $25.00. STATUTE VIOLATIONS COUNT1: TheRespondentis in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT2: —TheRespondentis in violation of Section 1012.795(1 )(e), Florida Statutes, in that Respondent has been convicted ofa misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: TheRespondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proofof grounds for the revocation of the certificate. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 101 2.796(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. atk EXECUTED on this 5. day of , 2003. JIM E, as Comrffissioner of Education State of Florida

Docket for Case No: 04-001033PL