STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, v8. CASE NO, 134-3353 DORA AVILES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DORA AVILES. 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 1164984, covering the areas of Elementary Education and Reading, which was valid through June 30, 2015. MATERIAL ALLEGATIONS 2. On or about April 11, 2014, Respondent’s New York teaching certificate was revoked and her application for certification was denied by the New York Commissioner of Education for inappropriate behavior and/or contact with male students in September 2008 and February 2011. a 3. On or about July 9, 2014, Respondent submitted an updated employment application to Duval County Schools. Respondent fraudulently answered ‘no’ in response to the following question on the application: “Fave you ever been denied a teaching certificate anywhere or had a teaching certificate revoked or suspended, or had sanctions placed on your teaching certificate?” DORA AVILES Administrative Complaint Page 2 of 3 4. On or about April 30, 2015, Respondent submitted an application for renewal of her Florida Educator’s Certificate to the Florida Department of Education Bureau of Educator Certification. In answer to the question; Have you ever had a professional license or certificate sanctioned in this state or any other state?, Respondent entered, “No.” In answer to the question; Have you ever had a professional license or certificate suspended or revoked in this or any other state?, Respondent entered, “No.” Respondent’s failure to acknowledge her New York disciplinary history, was in conflict with her statement on the application that all information provided was true, accurate and complete. 5. On or about July 24, 2015, Respondent submitted an application for an Initial Florida Educator Certificate to the Florida Department of Education Bureau of Educator Certification. In answer to the question; Have you ever had a professional license or certificate sanctioned in this state or any other state?, Respondent entered, “No.” In answer to the question; Have you ever had a professional license or certificate suspended or revoked in this or any other state?, Respondent entered, “No.” Respondent’s failure to acknowledge her New York disciplinary history, was in conflict with her statement on the application that all information provided was true, accurate and complete. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, suspension, or surrender in another state. 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 Education rules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 4: 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. COUNT 5: The Respondent is in violation of Rule 6A-10.081(5)G), Florida Administrative Code, in that Respondent made a fraudulent statement or failed to disclose a material fact in her own or another’s application for a professional position. DORA AVILES Administrative Complaint Page 3 of3 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 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 reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 25® day of August , 2015, wt. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-000684PL