STATE OF FLORIDA EDUCATION PRACTICES COMMISSION 29 ; Sy Ay. ()1-0110PL : JOHN L, WINN, as is Commissioner of Education, Wye Petitioner, VS. CASE NO. 045-2548-V DANIEL NAHMOULI, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DANIEL NAHMOULI. 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 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 622360, covering the arca of Mathematics, which is valid through June 30, 2007. 2. At all times pertinent hercto, the Respondent was employed as a Mathematics Teacher at Cooper City High School in the Broward County School District. MAL ALLEGATIONS 3. During the 2003-2004 school year, Respondent subjected his studcnts to frequent outbursts of screaming, cursing, threats, demeaning and derogatory comments, and sexually explicit comments and behavior. A few examples of Respondent’s inappropriate behavior included: a. frequently calling a female student fat, and telling her not to break a desk, ramp or stairs; b. pulling a female student's underwear, bra strap, or hair, or tickling the student; G making comments to female students about “sucking dick” or words to that cffect; d. refusing to allow students to come to class or get assignments, and telling them they DANIEL NAHMOULI Administrative Complaint Page 2 of 3 were too stupid or retarded to do the work anyway; looking down female students’ shirts and saying, “nice view,” or words to that cllect; f threatening to run over a male student with a truck, and telling him to go play in traffic; g. refusing to help students when they did not understand the work, and telling them they were too stupid to leam. 4, As a result of Respondent’s bchavior, students frequently Icft the classroom during class time, and at [cast one student was transferred out of Respondent's class. On or about August 11, 2004, Respondent resigned without notice. The school district placed Respondent on non-rehire status. STATUTE VIOL, IN: 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)(h), Florida Statutes, in that Respondent has becn 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. RUL LATIONS 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 harm[ul to learning 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(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a student from independent action in pursuit of learning. COUNT6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(c), 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)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied DANIEL NAHMOULI Administrative Complaint Page 3 of 3 a student’s legal rights. COUNT 8; The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, scx, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT 9: The allegations of misconduct set forth herein are in violation of Rulc 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 reasonable effort to assure that each individual was protected from such harassment or discrimination. 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, Petitioner 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 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 cducator’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 ccrtilicate for a period of time up to 10 years or permanently. EXECUTED on this (o ny pdecomber , 2005. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 09-000170PL