STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, VS. CASE NO. 078-2384-F EMILIO FERRANDIZ, Respondent, Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this. Administrative Complaint against EMILIO FERRANDIZ. The Petitioner seeks the appropriate disciplinary ganction 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, 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 Respondént holds Florida Educator’s Certificate 856029, covering the areas of Elementary Education and English to Speakers of Other Languages, which is valid through June 30, 2014. 2, Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Riverside Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On of about September 13, 2008, Respondent was intoxicated or otherwise impaired at school during the workday. During this time, he accosted 4 fellow teacher, R-L., and propositioned her. EMILIO FERRANDIZ 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 Respondent is in violation of Section 1012.795(1)q), 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 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) Ex EMILIO FERRANDIZ Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the planation 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 tot he authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes, The sanctions imposed by the Education Practices Comimission 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 thé Respondent an administrative fine; directing the Respondent to enroll inthe Recovery Ne work 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 \Cg*4 day or Wut sy 2008. rail DR. ERICA. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 13-004382PL