: ! STATE OF FLORIDA an EDUCATION PRACTICES COMMISSION, JAtj | | JOHN L. WINN, as al —-BEIc. rE BE 5 Commissioner of Education, Petitioner, vs. LEOPOLDO E. MUTIS, CASE NO. 034-0468-B Respondent. (Ole - OBO PL against LEOPOLDO |] Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint ADMINISTRATIVE COMPLAINT E. MUTIS. 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 1012.796(7), Florida Statutes. the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 591889, covering the areas of Spanish and English to Speakers of Other Languages, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Teacher of English to Speakers of Other Languages at Key Biscayne Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During January and March 2003, Respondent's principal directed him to refrain from making inappropriate comments to students. 4, On or about March 25, 2003, Respondent made inappropriate comments to M.V., a 13-year-old male student, concerning the student's mother. Later in the day, Respondent saw M.V. in the office, yelled and directed profanity at him and threatened to hit him. In June 2003, LEOPOLDO E. MUTIS Administrative Complaint Page 2 of 2 06 JAN EL PH G53 Respondent's principal issued him a letter of reprimand for his conduct. 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. COUNT2: 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 leaming 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, WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 101 2.795(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 teachin g 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 22 day of Vu 4 , 2005, JO. L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-000360PL