Terns pees, STATE OF FLORIDA CLHOY Tape EDUCATION PRACTICES COMMISSION HRV TO ANTS 97 JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 034-1075-T BERNARD BROUSSARD, . Respondent. ( | | [0 ( (Pl ~ ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against BERNARD BROUSSARD. 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 589175. covering the area of Mathematics, which is valid through June 30, 2005. 2. Atall times pertinent hereto, the Respondent was employed as an Exceptional Student Education (ESE) Placement Specialist at the Office of Adult Vocational Alternative and Community Education in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about November 30, 1995, the Education Practices Commission approved a Settlement Agreement between Respondent and the Commissioner of Education in Professional Practices Services Case Number 945-0518-W (EPC Case Number 95-275-RT). The charges against Respondent in that case included a 1991 and a 1994 Driving Under the Influence and application fraud. The terms of the Settlement Agreement included: a letter of reprimand: 2 years probation; a substance abuse evaluation; and, periodic testing. BERNARD BROUSSARD Administrative Complaint Page 2 of 4 4. On or about April 23, 1999, the Education Practices Commission held an Informal Hearing in Professional Practices Services Case Number 978-1022-W (EPC Case Number 98-240- RT) regarding Respondent. The charges against Respondent in that case included: 1 986 Cocaine Possession; 1997 Driving While License Suspended; violation of Education Practices Commission Probation: and, falsifying five certification applications. The sanctions imposed by the Education Practices Commission against Respondent’s educator certificate included: a letter of reprimand; 3 years probation; Recovery Network Program approved counseling; periodic testing; and, a $1,000 fine. 5. On or about June 12, 1999, Respondent was driving without a valid license when he was involved in an accident. Respondent was charged with: Count 1, Driving While License Suspended; Count 2, Failure to Report an Accident; and, Count 3, Careless Driving. On or about July 27, 1999, Respondent pled nolo contendere to Count 1. The court adjudicated Respondent guilty, placed him on probation for 6 months, and required him to perform 150 hours of community service and pay $205.00 in fine and costs. Counts 2 and 3 were dismissed. 6. On or about August 15, 2001, Respondent was driving while intoxicated or otherwise impaired. Respondent was arrested and charged with: Countl, Driving Under the Influence; Count 2, Failure to Drive in a Single Lane; and Count 3, No Proof of Insurance. On or about October 15, 2003, Respondent pled nolo contendere to all Counts. The court adjudicated Respondent guilty of Count 1 and withheld adjudication of guilt as to Counts 2 and 3. Among other penalties, the court sentenced Respondent to 120 days in jail (credit for 2 days served), suspended his driver’s license for 10 months, placed him on probation for 12 months and required him to pay $1,369.00 in fines and costs. 7. On or about January 17, 2003, Respondent tested positive for Benzoylecgonine (Cocaine). On or about January 27, 2003, the Probation Office filed notice of this probation violation with the Education Practices Commission. Thereafter, the Education Practices Commission issued an Order to Show Cause. Hearing on the Order was continued twice. 8. On or about June 4, 2003, Respondent was driving while intoxicated or otherwise impaired when he was stopped for a traffic infraction. Respondent was arrested and charged with Driving Under the Influence. On or about December 22, 2003, the charges were disrnissed. 9. On or about January 30, 2004, Respondent was driving while intoxicated or otherwise impaired while he had no valid driver’s license or insurance. Respondent was arrested and charged with: Count 1, Driving Under the Influence; Count 2, Driving While License Suspended with Knowledge; and, Count 3, Driving While License Suspended—Financial Responsibility. The charges are pending. BERNARD BROUSSARD Administrative Complaint Page 3 of 4 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Siatutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: | The Respondent is in violation of Section 1012.795(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: The Respondent is in violation of Section 101 2.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 4: The Respondent is in violation of Section 1 012.795(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. COUNTS: The Respondentis in violation of Section 1 012.795(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. COUNT 6: The Respondent is in violation of Section 1012.795(1)(k), Florida Statutes, in that the Respondent has violated an order of the Education Practices Commission. COUNT7: — 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 proof of grounds for the revocation of the certificate. COUNT 8: The Respondent is in violation of Section 1012.795(6)(b), Florida Statutes, in that 2 third finding of probable cause and a finding that the allegations are proven or admitted to has been subsequently found by the Commissioner of Education. RULE VIOLATIONS COUNT9: TheRespondentisin violation ofRule 6B.1 006(5)(m), Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal. administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion BERNARD BROUSSARD Administrative Complaint Page 4 of 4 program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes. COUNT 10: The Respondentis in violation of Rule 6B.1006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. 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 27 “_ day of : hl , 2004. \~ JIM AORNE, as _ Cc issioner of Education State of Florida 1 FLORIDA DEPARTMENT eee ete. ANE: 27 —~BUSINEESS & PROFESSIONAL REGULATTI 2 EA yucatan - EDUCATION PRACTICES COMMISSION MEETING vt 2 || Teacher Hearing Panel Agenda 4 Crowne Plaza Orlando Hotel 5555 Hazeltine National Drive 5 Orlando, Florida 32812 6 I October 24, 2003 7 ; TRANSCRIPT OF THE MEETING— 8 | . Oe 9 | BOARD MEMBERS: 10 GRACE WILLIAMS, Chairman DANE GILBERT, Co- Presiding Officer 11 PATSY RAYUBURN, Member DEBORAH SHEPARD, Member 12 LYNN DEMETRIADES, Member LINDA DANCY, Member 13 | KATHRYN WHITSON, Member ANN COCHEU, Assistant Attorney Genera 14 «| STAFF MEMBERS: 15 KATHLEEN RICHARDS, Executive Director ELC I MIRIAM LAMBETH, Professional Practice§ 16 =| _MARY LEFFLER | Cua 7 y 17 Eke ATT Ras RONALD STOWERS, Esq. is | DAVID HOLDER, Esq. TS CRITE > £02 3S 2 iid 6] AMERICAN COURT REPORTING, INC. (407) 324-4290 /of2 3/2003 COMMISSIONER WILSON: I have. COMMISSIONER RAYBURN: I have. CHAIRMAN WILLIAMS: Our first Show Cause case is Frank T. Brogan, Commissioner of Education versus Bernard Broussard. Is Mr. Broussard or is anyone representing him? MR. STOWERS: Mr. Herdman and I jointly ask that this case be continued. Let's just say that there are additional allegations and that we would like to do everything at once in the future. CHAIRMAN WILLIAMS: I have no problem with that. MR. STOWERS: And this should be ona long day as they say. CHAIRMAN WILLIAMS: Okay moving right along. Charlie Crist versus Mary Hackemeyer, is Ms. Hackemeyer or anyone representing Ms. Hackemeyer with us today. MR. WILLIAMS: Yes I'm (unintelligible) attorney-at-law. CHAIRMAN WILLIAMS: Mr. Gilbert. COMMISSIONER GILBERT: I need to recuse myself from this case can do to AMERICAN COURT REPORTING, INC. (407) 324-4290

Docket for Case No: 04-004066PL