KES, og STATE OF FLORIDA oe, & EDUCATION PRACTICES COMMISSION EEPrin CH Qe ww ft eZ —- oo JOHN L. WINN, as Commissioner of Education, O01 : U0) XO b CL Petitioner, vs. CASE NO. 045-3175-M. BRUCE WEINBERG, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against BRUCE WEINBERG. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant tu Sections 1012.795 and 1012.796, Florida Statutes, and pursuant ta Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically sct forth in Scctions 1012.795(1) and 1012.796(7), Florida Statutes, The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 409425, covering the areas of Drama, Educational Leadership and Middle Grades, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Drama Teacher at Charles W. blanagan High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2004-2005 school year, Respondent frequently displayed inappropriate, erratic, intimidating, abusive, harassing, and threatening behavior toward students and colleagues. Such behavior included, but was not limited to: a. Screaming, cursing, and spitting at studcots, pounding walls with his fists, and storming out of classes, practices, or performances; b. threatening to quit sponsoring clubs or activities if the students did not complain about another teacher; BRUCE WEINBERG Administrative Complaint Page 2 of 4 c. frequently mocking and disparaging another teacher in front of the students; d. discarding students’ personal items, drama props and equipment without anyone’s knowledge or consent; e. interrupting other classes, performances, or practices to scream at, intimidate, or remove students or slaff for inappropriate reasons; t following students in the hallways, making them feel threatened and scared; and g. sending inappropriate or intimidating emails or phone calls to students, making them feel uncomfortable, scared, and intimidated, 4 On or about November 2, 2004, the school principal directed Respondent to slay away from L.C., a fellow teacher, and to refrain from making disparaging remarks about her to students, parents, or staff. 5. On or about February 5, 2005, Respondent, accompanied by his minor daughter, went to the place of cmployment of B.S., a 16-year-old female student who was involved in drama activities but not cnrolled in Respondent's class, while B.S. was working. Respondent caused a disruption by demanding to know why B.S. had complained to the principal about him, what she had told the principal about him, and threatening her. Respondent also repeatedly tipped her, knowing that each time an cmployee is tipped they arc required lo sing a song, and each time demanded more loudly that she sing. Respondent’s behavior upset and embarrassed B.S., and made her feel uncomfortable. 6, On or about February 8, 2005, the principal issued Respondent a letter of reprimand for violating her directive of November 2, 2004, and further directed Respondent to stay away from students notin his classes, cease disrupting other classes or taking students out of class, stop sending inappropriate cmails to students, and stop using profanity with students. 7. On or about February 9, 2005, Respondent approachcd 8.5. in the hallway at school and motioned for her to come speak to him, B.S. became frightened and refused to speak with Respondent. 8. On or about February 11, 2005, the district reassigned respondent to a pusition with no student contact. On or about June 21, 2005, the district suspended Respondent for three days without pay. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1}(c), Florida Statutes, in that Respondent has been puilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Scction 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his # BRUCE WEINBERG Administrative Complaint Page 3 of 4 effectiveness as an employee of the schvol board. COUNT3; The Respondentis 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 rulcs. RULE VIOLATIONS COUNT 4; The allegations of misconduct set forth herein are in violation of Rule 6R- 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 1o 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(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT &: The allegations of misconduct set forth bercin are in violation of Rulc 6B- 1.006(3)(1}, Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 7: — The allegations of miscunduct set forth herein arc in violation of Rule 6B- 1.006(3)(g), Florida Administrative Cade, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, scxual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 8: 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. COUNT 9: = The allegations of misconduct set forth herein arc in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual's performance of professional] or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make teusonable effort to assure that cach individual was protected from such harassment or discrimination. COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally falsc statements about a colleague, BRUCE WEINBERG Administrative Complaint Page 4 of 4 COUNT 11: TheRespondentis in violation of Rule 6B.1006(5)(0), Florida Administrative Code, in thal Respondent sought reprisal against any individual who has reported an allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Righis and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's cducator’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 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 practice; assessing the Respondent an administrative Line; directing the Respondent to cnroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed live years; revoking the Respandent’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_ 12" day of f2brUa ny , 2006. DA wibie JOHN L. WINN, as Commissioner of Education. State of Florida

Docket for Case No: 07-004080PL