STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 123-1256 MICHELLE FRANCES HERNANDEZ-BARRETO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MICHELLE FRANCES HERNANDEZ-BARRETO. 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 781187, covering the area of English, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at Winter Park High School in the Orange County School District. MATERIAL ALLEGATIONS 3, In September 2012, the Respondent made inappropriate comments and used profanity in the classroom, such as: (a) "Are you going to be a man or a pussy?" or words to that effect; (b) "Bullshit, bullshit, bullshit," or words to that effect; MICHELLE FRANCES HERNANDEZ-BARRETO Administrative Complaint Page 2 of 3 (c)"You are all rich snobby kids that have parents that come up here and get their way with grade changes,” or words to that effect; (d) "Lf you guys had an openly gay teacher here at school, you would go home and tell your parents and they would get him fired,” or words to that effect; and (e) "Nigger isa perfectly acceptable word in some families; raise your hand ifyou have a racist family members [sic],” or words to that effect. 4, "In December 201 2, the Respondent told a fernale student, “You're Hispanic; you're full of shit," and “taliing out [your] ass,” or words to that effect. 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 violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Bducation 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 Rute 6A- 10.081(3\(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) MICHELLE FRANCES HERNANDEZ-BARRETO 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 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. i EXECUTED on this. PS aay of Novemboar 2013. Lp, —fborh PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-003037PL