STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO. 690-2572 DAVID MARTINEZ GONSALVES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Comiplaint against DAVID MARTINEZ GONSALVES. 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 994840, covering the areas of English and Reading, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Coral Gables Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February of 2009, the Respondent taught Shakespeare’s Romeo and Juliet in his eighth period language class and had two tenth-grade female students, J.F. and M.L., read and/or act out scenes from the play. The Respondent encouraged the two female students to kiss during a scene, and offered the students extra credit to do so. Before the students acted out a scene involving kissing, the Respondent closed the classroom door and told students to put away their cell phones. Filed September 1, 2011 9:53 AM Division of Administrative Hearings DAVID MARTINEZ GONSALVES Administrative Complaint Page 2 of 3 4, After students at Coral Gables Senior High began discussing the incident involving J.F. and M.L. and allegedly shared a photo taken by a cell phone camera of the two students kissing, the Respondent asked J.F. and M.L. not to tell anyone about the incident. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(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. COUNT2: 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 presctibed by State Board of Education rules. RULE VIO. Ss 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) DAVID MARTINEZ GONSALVES 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 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 ora 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 edticator’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 Bre day of Febrvcrs 2011. whee DR. ERICWS. SMIUTH, as Commissioner of Education State of Florida

Docket for Case No: 11-004437PL