STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 145-1425 MARLENE LOPEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against’ MARLENE LOPEZ. 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: JURESDICTION lL. The Respondent holds Florida Educator’s Certificate 743265, covering the areas of English and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Rodgers Middle Schoo! in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. During the 2010/2011 and 2011/2012 school years, Respondent failed to properly supervise her students. Examples of Respondent's conduct include but are not limited to; a) During 2011, Respondent repeatedly failed to wall her students to the bus area at the end of the day as required and arrived late picking her students up from the cafeteria, MARLENE LOPEZ Administrative Complaint Page 2 of 3 b) On or about October 1, 2012, Respondent informed her schoo! that she would be an hour late arriving but did not come to school at all, leaving her students without assigned supervision. c) On or about October 17, 2012, Respondent left campus in the middle of the day without notifving the school’s administration. Respondent failed to return to schoo] until ten minutes after her class had started leaving her students unattended. 4, On or about March 22, 2012, Respondent physically pushed M.R., a middle school, female student, out of her classroom by pushing M.R. in the chest leaving a smal! scratch. 5. On or about October 31, 2012, Respondent physically pushed S.R. , a seventh grade, female student and J. H., a seventh grade, male student, out of the classroom for being late. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)q), 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 2: 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 3: 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 PAGE) MARLENE LOPEZ Administrative Complaint Page 3 of 3 ‘WHEREFORE, based on the reasons set forth herein and in accordance with the 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 6™ day of Movember. 2015. Li Loerars PAM STEWART, as Commissionet of Education " State of Florida

Docket for Case No: 16-004353PL