STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2979

AWILDA APONTE,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against AWILDA APONTE. 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 580i 44, covering the areas of English for Speakers of Other Languages (ESOL}, Mentally.Handicapped, and Reading, which is valid through June 30, 2014.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Southwest Middle School in the Orange County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about April 19, 2010, R.T., a fourteen year-old male student in the Respondent's class, put his hand up the skirt ofC.M., a fifteen year-old female student, and touched

C.M. in her genital area. The Respondent observed the incident, but failed to report it to school administration or other authorities.

Filed July 19, 2011 8:50 AM Division of Administrative Hearings

AWILDA APONTE

Administrative Complaint

Page 2 of2

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section l 012.795(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 2: The allegations of misconduct set forth herein are in violation of Rule 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.

WHEREFORE, based on the reasons set forth herein and in accordance with t.1:ie 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 auth01ity provided in Sections l 012.795(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 Respol).dent on probation for any period of time; restricting the Respondent's authorized scope of practice; assessing the Respondent an administrativefine; 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 l O years or permanently.

EXECUTED on this \ l\*'""day of Ae.-; ( , 2011.

DR. ERIJMITR,as

Commissioner of Education State of Florida

Docket for Case No: 11-003482PL