Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: MARIA C. CRUZ
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 12, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 7, 2007.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION 2 oth
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JOHN L. WINN, as Bes a <)
Commissioner of Education, CED. - ce
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Petitioner, Begun aA
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vs. CASE NO. 015:1377-V
MARIA C, CRUZ,
Respondent. . OT O 14 pL
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ADMINISTRATIVE COMPLAINT
Petitioner, John T.. Winn, as Commissioner of Education, files this Administrative Complaint
against MARIA C. CRUZ. The Petitioncr sccks 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
l, ‘The Respondent holds Florida Educator’s Certificate 232656, covering the arca of
Spanish, which is valid through June 30, 2006.
2. At all times pertinent hereto, the Respondent was employed as a Teacher al Miami
Beach Senior High School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. From 1998 through 2001, Respondent misappropriated and mishandled school funds
in her role as sponsor of the school booster club, in that she deposited money from other school
clubs into the booster club account, failed to keep records of the account, failed to pay invoices as
they became due, and altered checks and deposited them into the booster club account without
authorization, Respondent’s actions resulted in approximately $69,000 flowing through the booster
club account rather than the schuol internal account, with no proper accounting for the money. In
August 2001, the district issued Respondent a Ictler of reprimand, required that she pay restitution
to a vendor, and transferred her to another school.
MARIA C, CRUZ
Administrative Complaint
Pape 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 her
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 leaning 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(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for
personal gain or advantage.
COUNT 6: 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.
COUNT?7: The Respondent is in vialation of Rule 6B.1006(5)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information an a document in connection with
professional activities.
(SIGNATURE ON FOLLOWING PAGE)
MARIA C, CRUZ
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons set forth herein and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioncr respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statules. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any ane ora
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent's authorized scope of praclice;
assessing the Respondcat an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent's educator’s certificate for a period of time not to
exceed five years; revoking the Respondent's educator's certificate for a period of time up to 10
years or permanently; or barring the Respondent from reapplying for an educator's certificate for
a period of time up to 10 years or permanently.
EXECUTED on this (34) _ day or March __, 2006.
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bbe as
Commissioner of Education
State of Morida
Docket for Case No: 07-000179PL
Issue Date |
Proceedings |
Feb. 07, 2007 |
Order Closing File. CASE CLOSED.
|
Feb. 06, 2007 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
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Jan. 26, 2007 |
Order of Pre-hearing Instructions.
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Jan. 26, 2007 |
Notice of Hearing (hearing set for March 21 and 22, 2007; 9:30 a.m.; Miami, FL).
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Jan. 22, 2007 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Jan. 22, 2007 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
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Jan. 22, 2007 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Jan. 19, 2007 |
Joint Response to Initial Order filed.
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Jan. 12, 2007 |
Administrative Complaint filed.
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Jan. 12, 2007 |
Finding of Probable Cause filed.
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Jan. 12, 2007 |
Election of Rights filed.
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Jan. 12, 2007 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Jan. 12, 2007 |
Agency referral filed.
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Jan. 12, 2007 |
Initial Order.
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