STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO, 090-2236 JAVIER IRIARTE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JAVIER IRIARTE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 1. The Respondent holds Florida Educator’s Certificate 852313, covering the area of Foreign Language - Spanish, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Spanish Teacher at Toland Coset Vanier Hie ¢ Poy ee County i 7] isiand Coast Senior High School in the Lee County Schoo! District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year the Respondent engaged in inappropriate conduct towards G.F., a seventeen year-old female student. Specifically, while G.F. was a student in the Respondent’s class, the Respondent: (a) discussed his personal life with G.F., including telling her about his sexual history, recent sexual activity and his personal life; (b) allowed G.F. to sit behind the Respondent’s desk during class time; Filed December 28, 2010 10:44 AM Division of Administrative Hearings 4, JAVTER IRIARTE Administrative Complaint Page 2 of 3 (c) singled out G.F. for additional attention and favoritism in class; (d) told G.F. to watch a film called Elegy, which features a sexual relationship between a teacher and a student; and (e) commented on G.F.’s personal appearance, including asking why she did not wear dresses anymore and telling her that she looked cute when she was mad. During January of 2010, while G.F. was taking dual enrollment classes and was no longer physically attending Island Coast Senior High School, the Respondent exchanged inappropriate text messages with G.F. that attempted to pursue a relationship with G.F. Specifically, the Respondent’s texts included the following statements: 5. (a) “Do I creep y out?” (b) “You know I never ever got to give you a abrazo u y un beso” (hug and kiss), (c).In response to.G.F.’s message that “it’s wrong cause you are my teacher and.older and married with kids,” the Respondent stated “...you make my heart beat faster when I see y and lam not y teac any more and the most important one yo te amo con todo mi corazon” (I love you with all of my heart). On or about January 28, 2010, the Lee County School District suspended the Respondent from his position. On or about March 23, 2010, the Respondent submitted his resignation from his position with the district, The Petitioner charges: COU STATUTE VIGLATIONS NT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. col INT 2: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. cou NI3: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. JAVIER IRIARTE Administrative Complaint Page 3 of 3 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 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)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: 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. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Eléction 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 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; determining the Respondent to be ineligible for certification; 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 OTH sy of O ctsb een, 2010. pA Commissioner of Education State of Florida

Docket for Case No: 10-010921PL