STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 101-0275 AGOSTINHO LIOLA MARINHO RODRIGUES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against AGOSTINHO LIOLA MARINHO RODGRIGUES. 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 {. The Respondent holds Florida Edueator’s Certificate 769619, covering the area of Physical Education, which was valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a TV Production Teachet / Coach at Edgewater High School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about November 4, 2008, the Respondent grabbed T.J., a seventeen-year- old twelfth grade student, by his shirt, pulled TJ. out of his chair, and pushed him out of the classroom. 4, On or about November 18, 2008, the Respondent grabbed the hand of J.M., a sixteen-year-old ninth grade student, and “slung” it down while she was on the phone. AGOSTINHO LIOLA MARINHO RODRIGUES Administrative Complaint Page 2 of 3 3. On or about January 21, 2009, the Respondent was issued a directive instructing him to conduct himself in a professional matter, establish a safe environment conducive to learning, avoid touching students except as absolutely necessary, and consider alternatives to physical intervention. 6. On or about April 16, 2009, the Respondent told T.P., a fifteen-year-old student, after she cursed, that she would get hit in the mouth with a gun if she were in Brazil, called T.P. a “deviant child” and said T.P. was “acting like a butt head.” 7, On or about November 27, 2009, November 29, 2009, and November 30, 2009, the Respondent inappropriately touched (in a sexual manner) the body of A.B., a sixteen-year- old female student. 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 effectiveness as an employee of the school board. COUNT 3: 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 4: 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 8: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A~- 10.081(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a student for personal gain or advantage. AGOSTINHO LIOLA MARINHO RODRIGUES 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 recomrnends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided im 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 LO 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 “@.|_ dayof_Whacetr _, 2014. Lf, _becavs PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-003035PL