STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissio11er of Education,

Petitioner,

vs. CASE NO. 090-1511

BRIAN CHARLES BERKOWITZ,

Respondent.

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ADMINISTRATIVE COMPLAINT

Peiitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Adr.ninistrative Complaint against BRTAN CHARLES BERKOWITZ. The Petitiotiet seeks the a:pproptiate djsoiplim1ry s<:lilction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-L006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections l 012.795(1) and 1012.796(7), Florida Statutes.

The Petitioner alleges:

JURISDICTION

1. The Respondent holds Florida Educator's Certificate 960975, covering the area of Mathematics, which is valid through JUi1.e 30, 2012.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Mathematics

   Teacher at Omni Middle School in the Palm Beach County School District.

   
   

   M.,ATERIAL ALLEGATIONS

3. .. biiring the 2008-2009 school year, Resporiderit engaged in inappropriate coi1duct

   toward students.

   
   

4. Respondent displayed inappropriate conduct and language; and made inappropriate remarks to students including, but not limlted to:

1. Flicking E.C., a seventh grade female student, in the head to get her att ention .

   
   

   Filed March 1, 2011 9:30 AM Division of Administrative Hearings

   BRIAi'\/ CHARLES BERKOWITZ

   Administrative Complaint

   Page 2 of3

   
   

2. Striking M.G., a male student, with a ruler or yardstick.

   
   

3. Referring to K.J., a seventh grade male student, as "gay."

   
   

4. Use of profanity: "bullshit," "ass," "shit," "hell," "damn."

   
   

5. Pulling on the hair of A.E, a seventh grnde female student, and calling her a "horse."

   
   

6. Making fun of the name/ethnicity ofM.G., a male student.

   
   

7. Engaging in off-topic lectures and telling students they are "stupid."

   
   

8. Physically redirecting (turning) A.H., a male student, during the Pledge of Allegiance, then requiring the student to recite the Pledge in front of the class and explain what each phrase meant.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(l)(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(l)(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.

COlJ'NT 3: 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.

RULE VIOLATIONS

COl:rNT 4: The ailegations of misconduct set forth herein arc in violation of Rule 6B­ l.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effmt to protect the student from conditions harmful to learning and/or to the student's mental health and/or physical health and/or safety.

COL'NT 5: The allegations of misconduct set forth herein are in violation of Rule 6B­ l.006(3)(e), Florida Aclrninistrative Code, in that Respondent has intentionally exposed a student to unnecessaiy embarrassment or disparagement.

BRIAN CHARLES BERKOWITZ

Administrative Complaint

Page 3 of3

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 sa11ctions 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 baiTing the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or pennanently.

, ,:;.,v.1.v.

EXECUTED on this '1()1(\

DR.E

Commissioner of Education State of Florida

Docket for Case No: 11-001086PL