i>, se By Roa STATE OF FLORIDA ie V ee EDUCATION PRACTICES COMMISSION ~~” eM CEC 23 Ak OS —- JOHN L. WINN, as coe Commissioner of Education, oe Petitioner, vs. CASE NO. 012-1942-B MIDALYS MATILLA, - Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against MIDALYS MATILLA. 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 650326, covering the areas of English to Speakers of Other Languages and Spanish, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Cutler Ridge Middle School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Respondent made inappropriate remarks to students in her classroom. These remarks included, but are not limited to: "The only reason I haven't killed you yet is because J don't have a gun," "The reason I don't have kids is that ] would have killed them already," and "I'm going to remove you from this class like a cancer tumor.” or words to those effects. She further called students names such as "dumb," "stupid," and "idiot." She continues to be employed. MIDALYS MATILLA Administrative Complaint Page 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is 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. COUNT 2: The Respondent is in violation of Section 1012.795(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. RULE VIOLATIONS 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. 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 £5” day of C @cteber—_, 2004. ‘ U/ 171. OHN L. WINN, as a Commissioner of Education State of Florida

Docket for Case No: 04-004584PL