STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. "CASE NO. 112-0970 ROSA MARIA ALMOND, Respondent. / ~ ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against ROSA MARIA ALMOND. 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, Pririciples 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 857698, covering the areas of Educational Leadership, Mathematics, School Social Worker, and World Language - Spanish, which is valid through June 30, 2015. 2. Atall times pertinent hereto, the Respondent was employed as a Trust Specialist at Howard D. McMillan Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about April 13, 2011, the Respondent was responsible for proctoring and supervising a group of students during the administration of the Florida Comprehensive Assessment Test (FCAT). After the testing period concluded, students remained in the classroom under the Respondent’s supervision. During that time, students A.V. and E.N. engaged in sexual activity whereby A.V. masturbated E.N. while seated at adjoining desks. The Respondent did not notice the students’ conduct, which continued for several minutes in the presence of other students in the class. ROSA MARIA ALMOND Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondentis 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. . ve COUNT 3: — 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. . 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 Aye day of Sedu 2012. ‘rane. GERARD ROBINSGN, as Commissioner of Education State of Florida

Docket for Case No: 13-000430PL