STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-1407 CYNTHIA ANN ROGGIERO, Respondent. { ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against CYNTHIA ANN RUGGIERO. 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 610388, covering the area of 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at Howard Middle School in the Orange County School District. MATERIAL ALLEGATIONS 3. In May of 2010, female student A.V. became upset when the Respondent read aloud from a letter requesting that A.V. provide proof of residency. Several other students teased A.V. about the letter and referred to her as homeless. A.V. complained to a member of the school staff about the Respondent’s reading of the letter aloud in class. 4. After being notified of an inquiry into the incident, the Respondent told A.V. that the Respondent might lose her job and directed A.V. to write a statement that the Respondent had not done anything wrong. A.V. felt pressured by the Respondent to write the statement. Filed May 10, 2012 11:13 AM Division of Administrative Hearings CYNTHIA ANN RUGGIERO Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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 2: 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 3: ‘The allegations of miscondiict set forth herein aré in Violation of Rule 6B- 1.006(3)(c), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) CYNTHIA ANN RUGGIERO 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 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_7Z ot day of D@ee mb ar, 2011. Commissioner of Education State of Florida

Docket for Case No: 12-001652PL