STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 101-2395 MAXINE M. OBERMAN, | Respondent. if ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MAXINEM. OBERMAN. The Petitioner seeks the appropriate disciplinary sanction ofthe 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 lL. The Respondent holds Florida Educator’s Certificate 557414, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which was valid through June 30, 2012. : 2. At all times pertinent hereto, the Respondent was employed as a World History Teacher at Deerfield Beach Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about March 3, 2011, Respondent refused to allow a 6" grade male student, LE., to leave class to use the bathroom. LF. attempted to leave the classroom to go to the bathroom, but Respondent physically prevented LF. from doing so. Respondent and LF. engaged in a physical altercation, in which Respondent pushed and scratched IF. 4 On or about March 4, 2011, Respondent was placed on administrative reassignment with pay, pending the outcome of the district’s investigation. MAXINE M. OBERMAN Administrative Complaint Page 2 of 3 5. On or about May 27, 2011, Respondent submitted.a written notice of retirement to the School Board of Broward County, effective June 11, 2011. 6. On or about June 8, 2011, the School Board of Broward County determined that sufficient factual or legal basis existed to establish probable cause against Respondent regarding the March 3, 2011 incident, described in paragraph 3 of this complaint, and the School Board of Broward County accepted Respondent’s notice of retirement. 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 2: The Respondent is in violation of Section 1012.795(1)(g), 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 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 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. (SIGNATURE ON FOLLOWING PAGE) MAXINE M. OBERMAN 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. lbh —bhccerf PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 13-000488PL