STATE OF FLORIDA OSBEC 1h PM Lk: 20 EDUCATION PRACTICES COMMISSION B so wed a eee DR. ERIC J. SMITH, as A Be, CO Vay Commissioner of Education, f Ad L_- LEE wt ay ~ NSD oO . 04- Yr i3@ S Petitioner, Beye CL @ ies, ¢ vs. CASE NO. 067-3898-S “O NORMA PENAFLOR, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against NORMA PENAFLOR. 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 thé 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 679309, covering the areas of Educational Leadership, Foreign Language - Spanish, which is valid through June 30, 2012. 2. Atall times pertinent hereto, the Respondent was employed as a Foreign Language Teacher at West Orange High School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about August 5, 2002, a co-worker left several pieces of ‘jewelry at her desk at school. Respondent took the jewelry valued at over $7,000.00 and converted it to her own use. Respondent knowingly gave employees of pawn shops false verifications of ownership when she pawned the jewelry at several different locations. On or about January 24, 2003, Respondent was arrested and charged with Grand Theft Third Degree, three counts of Dealing in Stolen Property and three counts of Violation of Pawn Broker Transaction Form. On or about February 11, 2003, the state attorney’s office filed information against her for: Count 1, Grand Theft Third Degree; Count 2, Dealing in Stolen Property; and Count 3, Receiving Money from Pawn Broker by False NORMA PENAFLOR Administrative Complaint Page 2 of 3 Verification of Ownership or Identification. On or about July 28, 2003, the state attorney’s office nolle prossed Counts 2 and 3. Respondent pled guilty to Count 1 and the court withheld adjudication of guilt. Among other sanctions, the court ordered Respondent to pay $7,173.00 in restitution. The Petitioner charges: 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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT3: TheRespondéntis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 4: 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 5: 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. (SIGNATURE ON FOLLOWING PAGE) NORMA PENAFLOR 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, 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 Respendent’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 educatot’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 5'© day of Koc 1, 2008. Hi, as Commissioner of Education State of Florida

Docket for Case No: 09-006777PL