STATE OF FLORIDA . EDUCATION PRACTICES COMMISSION Ou SEP-2 PM 1:26 CHARLIE CRIST , as ANY CF Commissioner of Education, Be Petitioner, vs. Case No.: 001-0238-V NOEL FIGUEROA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against Noel Figueroa. 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 622798, covering the areas of English and English to Speakers of Other Languages (ESOL), which was valid through June 30, 2001. 2. At all times pertinent hereto the Respondent was employed as a teacher at Southwest Miami Senior High School in the Dade County School District. - MATERIAL ALLEGATION a 3. From April 1999 through August 2000 the Respondent participated in an ongoing, illegal scheme to defraud the Dade County Public Schools through the creation of bogus, nonexistent courses for which he received payment of wages to which he was not entitled. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615 (1) (c), Florida Statutes, in that the 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 the Respondent 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 the Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (4) (b), F.A.C., in that the Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (4) (c), F.A.C., in that the Respondent has used institutional privileges for personal gain or advantage. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (a), F.A.C., in that the Respondent has failed to maintain honesty in all professional dealings. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (h), F.A.C., in that the Respondent has submitted fraudulent information on documents in connection with professional activities. - COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (m), F.A.C., in that the Respondent has failed to report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 231.2615 (1), Florida Statutes. 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_Febr mary -, 2002. | Cre Cc IE CRIST, as Commissioner of Education, State of Florida

Docket for Case No: 04-003129PL