Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: BRIAN BERKOWITZ
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Nov. 04, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 3, 2013.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. TONY BENNETT, as
Commissioner of Education,
Petitioner,
vs. CASE NO, 101-2833
BRIAN CHARLES BERKOWITZ,
Respondent.
ADMINISTRATIVE COMPLAINT.
Petitioner, Dr. Tony Bennett, as Cormmissioner of Education, files this Administrative
Complaint against BRIAN CHARLES BERKOWITZ. 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-10.081, 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 960975, covering the area of
Mathematics, which was valid through June 30, 2012.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Congress Middle School in the Palm Beach County School District.
MATERIAL ALLEGATIONS
3, During the 2011-2012 school year, the Respondent engaged in inappropriate conduct
towards students. Specifically:
(a) The Respondent called female student N.M, “fat” and “ugly,”
{b) The Respondent closed the classroom door in the face of female student S.F. and
pushed $.F. away from the doorway. The Respondent told S.P. that he would “knock. her
down” or words to that effect;
BRIAN CHARLES BERKOWITZ
Adininistrative Complaint
Page 2 of 3
(c) The Respondent made derogatory comments to students; and
(d) The Respondent used threatening comments towards students such as “sit your ass
down” and “if I weren’t your teacher I would knock you down” or words to that effect.
4, On or about March 2011, the Respondent became agitated during a conference with
N.M.’s parents and school administrators. The Respondent’s supervisor directed the Respondent
to leave the room. The Respondent later stated to the supervisor that the Respondent could harm
N.M.’s father.
5. On or about April 7, 2011, the Palm Beach County School District reassigned the
Respondent to a non-student contact position while investigating allegations against the Respondetit.
6. On or about October 4, 2011, the Respondent submitted his resignation to the Palm
Beach County School District.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: — 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 his
effectiveness as an employee of the school board.
COUNT 2: The Respondent isin violation of Section 1012,795(1)(j), 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)
BRIAN CHARLES BERKOWITZ
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 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 tine 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 Z re. day of Sune, , 2013.
DR. TONY BENNETT as
Commissioner of Education
State of Florida
Docket for Case No: 13-004273PL
Issue Date |
Proceedings |
Dec. 03, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 03, 2013 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Nov. 26, 2013 |
Amended Order of Pre-hearing Instructions.
|
Nov. 26, 2013 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 18, 2013; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to copies furnished).
|
Nov. 22, 2013 |
Undeliverable envelope returned from the Post Office.
|
Nov. 13, 2013 |
Order of Pre-hearing Instructions.
|
Nov. 13, 2013 |
Notice of Hearing by Video Teleconference (hearing set for December 18, 2013; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Nov. 05, 2013 |
Initial Order.
|
Nov. 04, 2013 |
Administrative Complaint filed.
|
Nov. 04, 2013 |
Election of Rights filed.
|
Nov. 04, 2013 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Nov. 04, 2013 |
Agency referral filed.
|