STATE OF FLORIDA oh EDUCATION PRACTICES COMMISSION if) JOHN L. WINN, as Commissioner of Education, Petitioner, O (| A | (p | | (°l. vs. CASE NO. 034-2278-T MARITZA WAGENSOMMER, Respondent. S / © nN ’ =) ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Cofgplaint against MARITZA WAGENSOMMER. 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 643505, covering the areas of Elementary Education, English to Speakers of Other Languages, and Foreign Language - Spanish, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Spanish Teacher at Palm Springs Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about December 11, 2003, Respondent inappropriately disciplined a A.G., a 13-year-old, female student, by pulling A.G. by the hair and jerking her head back. Thereafter, Respondent attempted to inappropriately influence the testimony of student witnesses. On or about February 13, 2004, Respondent’s principal issued her a letter of reprimand for inappropriate discipline. MARITZA WAGENSOMMER Administrative Complaint Page 2 of 3 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)(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 4: _ 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. COUNT 5: _ The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning and educational matter in direct or indirect public expression. COUNT 7: _ 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. MARITZA WAGENSOMMER Administrative Complaint ma} DEG C2 AT 12 6 Page 3 of 3 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. 44 f EXECUTED on this y = day of No vembé f__, 2004. Cia AN JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 04-004611PL