STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-1908 MARK STEVEN SUGIMOTO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MARK STEVEN SUGIMOTO. 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 564708, covering the areas of Biology, Chemistry, General Science, Physics and Middle Grades, which was valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Science Teacher at East River High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2016-2017 school year, Respondent instructed A.E., a male student to “start thinking with what’s inside your head instead of what’s inside your pants,” or words to that effect. 4. During the 2016-2017 school year, Respondent remarked to G.V., a 17 year old female student, “no matter how much you diet and exercise, you will never be skinny,” or words MARK STEVEN SUGIMOTO Administrative Complaint Page 2 of 3 to that effect. When G.V. confronted Respondent with the insensitive nature of his comments, his response was: “Well it’s true, you’ll always look like that,” or words to that effect. 5. During the 2016-2017 school year, Respondent shared confidential information about, T.S., a male student, by telling other students, T.S. is “mentally ill and you shouldn’t pick on mentally ill people because they are like dogs or newborns and don’t know what they are doing,” or words to that effect. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(j), 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(2)(a)1, 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(2)(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)9, Florida Administrative Code, in that Respondent has failed to keep in confidence personally identifiable information obtained in the course of professional services, unless disclosure served professional purposes or is required by law. (SIGNATURE ON FOLLOWING PAGE) MARK STEVEN SUGIMOTO 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 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 aot day of Ae ptanhers. 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-001170PL