Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: ORLANDO MARTINEZ DE CASTRO
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Sep. 02, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 3, 2004.
Latest Update: Jul. 04, 2024
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STATE OF FLORIDA OS Sem ee
EDUCATION PRACTICES COMMISSION OLSEP-2 PH [:26
CHARLIE CRIST, as eV) OF
Commissioner of Education,
Petitioner,
VS. CASE NO. 012-2110-B
ORLANDO MARTINEZ DE CASTRO,
Respondent. C \ \\ Z) q PL
/
ADMINISTRATIVE COMPLAINT
Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint
against ORLANDO MARTINEZ DE CASTRO. 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(7) and 231.2615(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 800313, covering the area of
Mathematics, which is valid through June 30, 2007.
2. Atall times pertinent hereto, the Respondent was employed as a Mathematics teacher
at Booker T. Washington Senior High School in the Miami-Dade County Schoo! District.
MATERIAL ALLEGATIONS
3. On or about March 16, 2002, the Respondent knowingly and willfully coached or
assisted student examinees in answering questions and/or interfered with the examinees’ responses
while they were taking the mathematics portion of a High School Competency Test he was
administering and/or proctoring. The test was being administered to the students by or through the
State Board of Education or the Commissioner of Education and/or was being implemented in
accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code. The
Respondent interpreted the questions in Spanish or otherwise explained questions for students,
helped them work math problems, provided them with the correct answers and/or confirmed whether
their answers were correct. The district requested that the test scores for the mathematics section be
ORLANDO MARTINEZ DE CASTRO
Administrative Complaint
Page 2 of 3
invalidated and that there be a special administration of the mathematics section to the impacted
students.
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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional
Conduct for the Education Profession in Florida prescribed by the State Board of Education.
COUNT 3: The allegations of misconduct set forth herein are in violation of Section
228.301(1)(c), Florida Statutes, in that Respondent has knowingly and willfully coached examinees
- during testing or altered or interfered with the examinees’ responses on a test administered by or
through the State Board of Education or the Commissioner of Education to students.
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 learning and/or to the student’s mental health
and/or physical health and/or safety.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1)(c), Florida Administrative Code, in that Respondent has assisted examinees in answering
test questions while she was administering or proctoring the administration of a test implemented
in accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code.
COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1)(d), Florida Administrative Code, in that Respondent has interfered with examinees’
answers to questions while she was administering, proctoring or scoring a test implemented in
accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code.
ORLANDO MARTINEZ DE CASTRO
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(7) 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 2 7 day 1 Sapte mBbe mr _, 2002.
Charlie Crist, as
Commissioner of Education,
State of Florida
Docket for Case No: 04-003127PL
Issue Date |
Proceedings |
Oct. 11, 2005 |
Motion to Reopen Case filed (DOAH Case No. 05-3804PL established).
|
Nov. 03, 2004 |
Order Closing File. CASE CLOSED.
|
Nov. 02, 2004 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed by Peitioner via facsimile).
|
Sep. 22, 2004 |
Order of Pre-hearing Instructions.
|
Sep. 22, 2004 |
Notice of Hearing (hearing set for November 10, 2004; 9:30 a.m.; Miami, FL).
|
Sep. 08, 2004 |
Order Reopening Case (04-0320 as 04-3127, and requesting dates available for hearing in October and November 2004 from parties by September 16, 2004).
|
Sep. 02, 2004 |
Letter to Ms. Richards from C. Whitelock regarding settlement negotiations filed.
|
Sep. 02, 2004 |
Notice of Appearance (filed by R. Torres, Jr, Esquire).
|
Sep. 02, 2004 |
Election of Rights filed.
|
Sep. 02, 2004 |
Answer to Administrative Complaint, Request for Formal Administrative Hearing filed.
|
Sep. 02, 2004 |
Administrative Complaint filed.
|
Sep. 02, 2004 |
Agency referral filed.
|