STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J, SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-1768 REINALDO NUNEZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against REINALDO NUNEZ. 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 1612.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 1020270, covering the area of Physical Education, which is valid through June 30, 2011. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education O, Tne & Teacher at Kinloch Park Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2008/2009 school year, Respondent sent multiple inappropriate text messages to K.G.,a thirteen-year-old, female student, and B.G., a fourteen-year-old, female student. 4, Additionally, Respondent sent K.G. a picture ofhimselfin a tight-fitting tank top that exposed his niuscles. In the picture, Respondent was making a hand sign that is known to have sexual connotations. Filed March 21, 2011 10:05 AM Division of Administrative Hearings REINALDO NUNEZ Administrative Complaint Page 2 of 3 5. On or about March 19, 2010, Respondent resigned in lieu of termination from his teaching position with the district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT 2: 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 COUNT 3: 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 4: 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) REINALDO NUNEZ 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 Administrattve 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 [2a day oecembser, 2010. Commissioner of Education State of Florida

Docket for Case No: 11-001492PL