STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ]0- 9396 PL. JEANINE BLOMBERG, as aie Comntissioner of Education, Petitioner, vs. CASE NO. 045-2554-B VALENCIA A. GABRIEL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against VALENCIA A. GABRIEL. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator’s certificate pursuant to Sections 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 L. The Respondent holds Florida Bducator’s Certificate 806489, covering the area of Vary Exceptionalities, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at American Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the Fall of 2003, Respondent copied trademark protected songs and movies onto compact discs without authorization and sold the discs to students and adults. Respondent employed her own son and M.H., a sixteen-year-old, male student, to sell the counterfeit discs on school grounds to other students. On or about August 20, 2004, Respondent was arrested and charged with: Count 1, Unauthorized Copying of Disk or Other Article on Which Sounds Are Recorded; Count 2, Vending Goods or Services with Counterfeit Trademarks or Service Marks; Count 3, Forging or Counterfeiting Private Labels, Possession of Reproduction Materials; Count 4, Filed August 26, 2011 10:43 AM Division of Administrative Hearings Filed June 11, 2012 9:44 AM Division of Administrative Hearings VALENCIA A. GABRIEL Administrative Complaint Page 2 of 3 Contributing to the Delinquency of a Minor. On or about September 9, 2004, the state attomey’s office dismissed Count 3 and Count 4. On or about December 15, 2004, Respondent’s district terminated her from her teaching position. On or about May 31, 2005, Counts 1 and 2 were nolle prossed upon Respondent's completion of a pre-trial intervention program. The Petitioner charges: STATUTE VIOLATIONS COUNT i: The Respondent is in violation of Section 1012.795(1}(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(d), 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 3: The Respondentis in violation of Section 1012.795(1)G), Florida Statites, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS | COUNT 4: 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 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, COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent bas used institutional privileges for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) VALENCIA A. GABRIEL 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 Bducation 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, 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 ZO bay of (Nerds 2007, 4 MOA AE te i JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 12-002019PL