STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO. 090-1490 PATRICK STEWART ORANE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against PATRICK STEWART ORANE. 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 887973, covering the area of Exceptional Student Education, which is valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as an Emotionally Handicapped Teacher at Miami Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3, On or about September 18, 2009, in Dade County, Florida, while employed as a teacher at Miami Senior High School, Respondent engaged in inappropriate conduct toward R-F., a fifteen-year-old male student. 4. During class, Respondent and R.F. became involved in a verbal altercation which culminated in Respondent pushing R.F. and R.F. responding in kind. Respondent was physically removed from the class by his teaching paraprofessional, and continued to attempt to fight with R.F. after the two were separated. Filed February 7, 2011 10:59 AM Division of Administrative Hearings PATRICK STEWART ORANE Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 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. COUNT 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. COUNT3: The Respondent is in violation of Section 1012.795(1)G), 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 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. (SIGNATURE ON FOLLOWING PAGE) PATRICK STEWART ORANE 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, Petitione; tespectfully recommends that the Education Practices Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or EXECUTED on this Qyyc\_ day fool _, 2010, ran, DR. E J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-000577PL