STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 090-2860 LUIS GUILLERMO GUERRERO, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against LUIS GUILLERMO GUERRERO. 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, ahd 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 679154, covering the areas of English for Speakers of Other Languages (ESOL), Mathematics, and Specific Learning Disabilities, —nnnnnartohris valid through une 30; 2013;— ? 2. At all times pertinent hereto, the Respondent was employed as a Varying Exceptionalities Teacher at Miami Coral Park Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, in Miami-Dade County, Florida, Respondent engaged in a sexual relationship with eighteen-year-old female student J.V., including kissing, fondling, and sexual intercourse. 4. Respondent sent J.V. multiple inappropriate text messages during the 2009-2010 school year. Respondent continued to communicate with J.V. via text message and telephone after Filed June 13, 2012 10:18 AM Division of Administrative Hearings LUIS GUILLERMO GUERRERO Administrative Complaint Page 2 of 3 the School District of Miami-Dade County had begun an investigation into the relationship. Respondent interfered with the investigation by urging J.V., via text message and telephone, not to cooperate with the investigation. 5. On or about September 7, 2010, the School District of Miami-Dade County terminated Respondent from his employment. 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. COUNT: ‘The Respondent is in vidlation Of Séetioii 1012:795(1)(@)y Florida Statutes, ~ in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession presctibed 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 5: 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. COUNT 6: 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 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)\(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) LUIS GUILLERMO GUERRERO 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 ZO*® day ¢ DO ce mbyec, 2011. GERARD ROB INRON, as Commissioner of Education State of Florida

Docket for Case No: 12-002044PL