i STATE OF FLORIDA 1 1:48 EDUCATION PRACTICES COMMISSION 05 JUN -7 AM LT: ivisi f Administrative Hearings JOHN L. WINN, as Division of Administr: g Commissioner of Education, . Petition¢r, VS. {ASE NO. 034-1083-T GEMMA ISABEL SANTOS, O52 esPl Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against GEMMA ISABEL SANTOS. 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 664105, covering the areas of English to Speakers of Other Languages and History, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at The English Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 1996-1997 school year, the Respondent was investigated by the Miami- Dade School District for allegations of grand theft and violation of accounting procedures. The Respondent was responsible for monies to be used for before and after schoo] care. She kept the money ina locked box in her desk at school. An audit revealed that $11,634.00 was missing from the locked box. The investigation substantiated the allegation of violation of accounting procedures. These allegations were not reported to the Bureau of Professional Practices Services. GEMMA ISABEL SANTOS Administrative Complaint 05 JUN -7 AMI: 48 Page 2 of 2 4. On or about November 19, 2001, the Respondent was involved with a scheme to defraud through selling burial plot contracts. On or about November 29, 2001, she was arrested and charged with two counts of Organized Fraud/$50,000+ and Organized Fraud/$0-$20,000. Her pleas are unknown. The court withheld adjudication on the first count and sentenced her to six (6) months incarceration and ten (10) years probation with special conditions. The State Attorney's Office issued a nolle prosequi on the second count of Organized Fraud/$50,000+ and the Organized Fraud/$0-$20,000 charge. She continues to be employed. 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. 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 [Ve day of Licbnerasay’, 205. pen JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-002165PL