STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 089-2094 BRIAN DUDA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against BRIAN DUDA. 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 i. The Respondent holds Florida Educator’s Certificate 587959, covering the areas of Elementary Education, English to Speakers of Other Languages (ESOL) and Music, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Sheridan Hills Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about December 6, 2007, Respondent embarrassed W.R., a six-year-old, first grade student, by yelling at him in front of his family, his class and the entire audience of the school’s holiday music program and reminding W.R. that he was “uninvited” to the holiday show because of W.R.’s “despicable” behavior the day before. During the same program, Respondent yelled at a substitute teacher in front of the entire audience for bringing her class to the show 2 minutes late. On or about January 31, 2008, the district suspended Respondent for a period of 3 days Filed August 31, 2011 9:58 AM Division of Administrative Hearings BRIAN DUDA Administrative Complaint Page 2 of 3 from his teaching position as a result of this conduct. 4. On or about March 13, 2008, Respondent grabbed D.B., an eight-year-old, male student, by his shirt and pushed him against a wall. The school administration initiated an investigation and interviewed various students. The next day, Respondent rewarded students who told interviewers that they did not see anything with school vouchers ‘for telling the truth’. Additionally, Respondent called D.B. a liar and told the class to not be “a liar like (D)” or words to that effect. 5. On or about June 1, 2008, Respondent threatened his principal by stating to the assistant principal, “Mr. Fritz better hope me and my friends do not run into him in Wilton Manners” or words to that effect. One day later, upon learning that he would not receive an administrative letter of recommendation, Respondent threatened, “If I am here next year, I will make it miserable around here, it will not be good” or words to that effect. 6. When speaking with another teacher, Respondent referred to G.F., president of his school’s Parent Teacher Organization (PTO) as “white trailer trash”, or words to that effect. When G.F. passed Respondent in the hallway, Respondent yelled after her that she should, “Get a job,” or words to that effect. 7. On or about May 5, 2009, Respondent was terminated from his teaching position with the district. Respondent has appealed his termination. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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. COUNT2: 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 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. BRIAN DUDA Administrative Complaint Page 3 of 3 COUNT 4; The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3Xe), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. 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 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 ZLé** day of Pug ust 2009. DR. ERICA. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-004423PL