STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 112-2605 MARCOS RODRIGUEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MARCOS RODRIGUEZ. 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 purswant 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 1612.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION oo The Respondent holds Florida Educator’s Certificate 848688, covering the area of Music, which is valid through June 30, 2014. 2. At-all times pertinent hereto, the Respondent was employed as a High School Band Teacher at Everglades High School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, Respondent called students offensive names, including, but not limited to, “morons,” “imbeciles,” and “fucking retards. On one occasion, Respondent told a group of students an inappropriate joke about a “voodoo dick.” 4, During the 2011-2012 school year, Respondent asked K.J., an African-American female:student, “Why don’t you wear a weave and more tight-fitting clothes like other black girls?” and “Why don’t you listen to black people music?” or words to that effect. MARCOS RODRIGUEZ Administrative Complaint Page 2 of 3 5. During the 2011-2012 school year, Respondent engaged in the following inappropriate conduct with Y.C., a female student: (a) Respondent repeatedly complimented Y.C.’s appearances; (b) Respondent miade insulting comments to Y.C. regarding her father’s profession; (c) Respondent asked Y,C. if she wanted to receive private flute lessons from him; and (a) Respondent discussed personal issues with Y.C., including an affair Respondent had with a former student. 6. On or about January 30, 2013, the Professional Standards Committee found probable cause that Respondent committed a violation of the code of ethics. The Committee recommended. terrnination. On or about February 19, 2013, Respondent resigned his employment from the district, effective February 22,2013. Respondent’s resignation was accepted. 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. COUNT2: 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 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 io 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. MARCOS RODRIGUEZ Administrative Complaint Page 3 of 3 COUNTS: The allegations of misconduct set forth herein are in violation of Rule 6A- 1.0.081(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, ag¢, 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. 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. WHEREFORE, based on the reasons set forth herein and in accordaticée with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recomimends that the Education Practices Cominission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant tothe 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’: 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'permanentiy; 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. h EXECUTED on this “T'2_day of Noveebsar , 2013. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004973PL