STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, VS CASE NO, 112-2157 NANETTE MARIE MUSES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against NANETTE MARIE MIKES. 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 6A-10.08 1, 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 438162, covering the areas of English for Speakers of Other Languages (ESOL), Pre-Kindergarten/Primary Education, Preschool Education, Varying Exceptionalities, Pre-Kindergarten Disabilities, F amily and Consumer Science and Exceptional Student Education, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Meadowbrook Elementary School in the Broward County Schoo! District. MATERIAL ALLEGATIONS 3, On. or about January 26, 2012, Respondent attempted to forcibly feed A.R., a three year-old child who was non-verbal and diagnosed with Autism Spectrum Disorder, by putting one hand around A.R.’s neck area and an index finger in A.R.’s mouth. Respondent also slapped A.R. in the mouth area approximately three times. NANETTE MARIE MIKES Administrative Complaint Page 2 of 3 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 Respondents 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 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement, (SIGNATURE ON FOLLOWING PAGE) NANETTE MARIE MIKES 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 101 2.796(7), Florida Statutes, The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one ora 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 77 Ad ay of A p al ,2013. DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-002928PL