STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ae MDEG Ce RS 11 4S JOHN L. WINN, as Commissioner of Education, 3 ss 2 —_ Petitioner, “1 FA “A oO eid ~ — Mw 4 vs. CASE NO.:034-108%T “Py JOSE RAMON GUTIERREZ, : ane ~ Respondent. S Ou-yuie ADMINISTRATIVE COMPLAINT PL Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JOSE RAMON GUTIERREZ. 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 849985, covering the area of Mathematics, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Substitute Teacher at Henry H. Filer Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about May 30, 2003, Respondent inappropriately disciplined L.S., a 13-year- old, male student. Respondent grabbed L.S. by the neck causing scratches and bruising on his neck and directed threatening language toward the student in front of the class. On or about September 23, 2003, Respondent was arrested and charged with Child Abuse (No Harm). On or about November 25, 2003, the state attorney’s office filed no action in the case. The school district removed Respondent from the substitute list. JOSE RAMON GUTIERREZ Administrative Complaint OPH * als con DEG £2 OT 1 4g Page 2 of 2 XD 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)(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 3: 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 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(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 x? day of Novembe i, 2004. HIN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 04-004612PL