STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-0531 JOSE MANUEL BERRIOS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JOSE MANUEL BERRIOS. 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 L. The Respondent holds Florida Educator’s Certificate 602901, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Sixth Grade Teacher at Giunta Middle School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about April 3, 2013, Respondent inappropriately touched and communicated with G.A., a sixth grade, female student. Respondent grabbed G.A.’s hair on both sides, pulling his hands down along G.A.’s face and stating to G.A., “I love you, “ or words to that effect. JOSE MANUEL BERRIOS Administrative Complaint Page 2 of 3 4. On or about July 23, 2013, Respondent was charged with one count of Battery. On or about March 27, 2014, the charge was nelle prossed upon Respondent’s completion of a misdemeanor intervention program. 5. On or about September 19, 2014, Respondent was terminated from his teaching position, with the District. The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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)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 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 Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGK) JOSE MANUEL BERRIOS 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.or a combination of the following: issuing the Respondent a written reprimand, placing he 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 77 day of Octobey _. 2015. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-000943PL