EDUCATION PRACTICES COMMISSION Yio 9:39 * HA JOHN L. WENN, as Commissioner of Education, Petitioner, O | - | O Y vs, CASE NO. 045-2627-V ROMAN GARCIA-HOED, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ROMAN GARCIA-HOED. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s cerlilicate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rulc 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically sct forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 337793, covering the area of Art, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an Art Teacher at Miramar High School in the Broward County Schoo! District. TATERIAL ALLEG, INS 3. During class on or about September 18, 2003, the Respondent entered a storage closct and urinated in a ceramic cup. The Respondent returned to the classroom to where he showed the urine to his students. These actions caused a major disruption in the classroom, with students running outside, 4. During the 2003-2004 school year the Respondent used profanity and vulgarity in addressing his students in the classroom, including usc of the words "shit", “fuck”, "damn", "hell", "ass", "faggot", and “biich". ROMAN GARCIA-HOED a4 Administrative Complaint mr t@ Pie 32 Page 2 of 3 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Scction 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)(, Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an cmployee 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. 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 Icarning and/or to the student’s mental health and/or physica! 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. (SIGNATURE ON FOLLOWING PAGE) ROMAN GARCIA-HOED Administrative Complaint Page 3 of 3 pug 19. 2 32 WHEREFORE, based on the Teasons sct forth herein and in accordance with the Explanation of Rights and Elk Administrative Complaint;: 3 Commission impose an appropri te sanction against the Respondent? s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a 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 practice, assessing the Respondent 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 {0 years or permanently. EXECUTED on this 2-2 day ot NOVEM bE 2006. J L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-002106PL