STATE OF FLORIDA FP 35 pry EDUCATION PRACTICES COMMISSION * O§6FEB-| AN 10:09 06 FEB 10 PH in: yg JOHN L. WINN, as OIVISIAs Commissioner of Education, ADMINIS hehe HEARIN GS Petitioner, vs. CASE NO. 045-0064-M VICTOR MELECE CHALER, Ole OSH PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrati-ve Complaint against VICTOR MELECE CHALER. 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 637536, covering the areas of Early Childhood Education, Elementary Education, and English to Speakers of Other Languages, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten Teacher at Watkins Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 9 3. During the 2002-2003 school year, Respondent inappropriately touched J.M., amale student whose date of birth is September 2, 1998, while J.M. sat on his lap several times. On or about October 3, 2003, Respondent took J.M. out of his regular classroom, took him into the adult bathroom, and inappropriately touched him. On or about October 22, 2003, the school district reassigned Respondent to an administrative position out of the classroom. VICTOR MELECE CHALER OSFER-1 AM10: 09 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)(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. COUNT3: 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. COUNT 4: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 5: 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 6: 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 7: 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. (SIGNATURE ON FOLLOWING PAGE) a VICTOR MELECE CHALER Og FER -| aH iG: 09 Adminisirative Complaint ores 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. EXECUTED on this Uy day of Rug u st , 2005. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-000543PL