STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 101-2953 ILEANA GUTIERREZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against. ILEANA: GUTIERREZ. 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 683156, covering the areas of Educational Media Specialist, Social Science and World Language - Spanish, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Media Specialist at the Robert Morgan Educational Center or as a Spanish Teacher at Shenandoah Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3, During the years 2011-2013, the Respondent made inappropriate and disparaging comments to students, examples include but are not limited to the following: (a) stated to a 12" grade student that “she would see her behind a jail cell” and called her “a bitch” or words to that effect; ILEANA GUTIERREZ Administrative Complaint Page 2 of 3 (b) called students “retarded” or words to that effect: (c) used the words, “stupid, bitch, shit, and fick” or words to that effect; and (d) stated, “Hispanics are a disgrace or embarrassment,” or words to that effect. 4, On or about June 4, 2011, the Respondent signed a certified mail receipt letter from Professional Practices Services, which informed the Respondent an investigative case had been opened alleging Respondent’s inappropriate conduct. 5. On or about June 13, 2012, the Respondent submitted an application for subject additions to her Florida Educator Certificate. The application under the heading, “Professional License or Certificate Sanction(s)” included the question, “Do you have any current investigative action pending in this state or any other state against a professional license or certificate for a professional license or certificate?” In her sworn statement, the Respondent answered “no” and did not acknowledge the events alleged in this complaint herein. ‘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 effectiveness as an employee of the school board, COUNT 2: The Respondent is in violation of Section 1012.795(1)@), 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 espondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT $: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5){a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. ILEANA GUTIERREZ Administrative Complaint Page 3 of 3 COUNT 6: The Respondent is in violation of Rule 6A-10.08165)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities, 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 fo, 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 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from teapplying for an. educator's certificate for a period of time up to 10 years or permanently, EXECUTED on this, 13" day of Tuly 2015, Lh, Lecwr, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-000408PL