STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. E.RIC .J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 078-3628

MARITZA WAGENSOMM.ER,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MARITZAWAGENSOMMER. The Petitioner seeks the appropriate disciplinary sa.tiction of the Respondent's educator's certificate pursuant to Sections 1012.315, 1012.795, a.11.d 1012.796, Florida Statutes, and pursuant to Rule 6B-l.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), FI-Orida Statutes.

The Petitioner alleges:

JURISDICTION

1. The Respondent holds Florida Educator's Certificate 643505, covering the areas of Elementary Education, English to Speakers of Other Languages (ESOL) and Foreign Language­ Spanish, which is valid through June 30, 2012.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Sixth Grade Teacher at Palm Springs Middie Schooi in the Miami-Dade Cowity School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. Respondent has a history of inappropriate discipline of students. On or about June 4, 1993, the Commissioner of Education found no probable cause to sanction Respondent's Educator's Certificate based on allegations on inappropriate discipline. On or about November 8, 2004, the Commissioner of Education sanctioned Respondent's Educator's Certificate based on an allegation of pulling a student's hair.

   
   

   Filed June 16, 2011 3:11 PM Division of Administrative Hearings

   
   

4. During the 2007/2008 school year, Respondent used inappropriate methods to discipline students in her sixth grade class. Respondent's conduct included but was not limited to:

   
   

   A Respondent made students stand for extended periods of time, 20 minutes or more, while holding their book bags over their heads.

   
   

   1. Respondent threatened to throw students out of the window of her second

      story classroom.

      
      

   2. Respondent grabbed students by their arms and neeks and forced them into their seats.

      
      

   3. Respondent allowed Y.L., an eleven-year-old, male student, to step into the hallway and then pulled him by his hair back into the classroom.

   
   

5. On or about December 16, 2008, Respondent was terminated from her teaching position with the district subsequent to a formal hearing before an administrative law judge.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT l: 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 her effectiveness as an employee of the school board.

COUNT 2: The Respondent is in violation of Section I012.795(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 3: The aliegations of misconduct set forth herein are in violation of Ruie 6B- l.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 l.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement.

(SIGNATURE ON FOLLOWING PAGE)

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 IO12.795(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 l".Jet-work Prograiu; suspending the Respondent's educator's certificate for a period of tin1e 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 5 day of -::s-1..M'\ 2009.

DR. ERIC

Commissioner ofEdueation State of Florida

Docket for Case No: 11-003016PL