STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-2879 BRIAN FASO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BRIAN FASO. 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 780115, covering the areas of Educational Leadership, Physical Education and School Principal, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Principal at Miramar High School in the Broward County School District. MATERIAL ALLEGATIONS 3. Respondent failed to perform his duties as principal when he failed to properly enforce district disciplin: olicy with regard to student athletes. In or around September 20, 2013, Student Ce was allowed to play in a football game even though he had not been i school for the required hours for that day. On or about April 2, 2014, Respondent directly instructed a subordinate to change the finding of her disciplinary investigation to ensure there would not be an impact ity to play football. BRIAN FASO Administrative Complaint Page 2 of 3 4. During his tenure as principal, Respondent knew or should have known of over 400 improper student grade changes made by his staff. The grade changes were processed without his review or administrative approval as required by his district’s policies. Respondent failed to correct the improper grade changes. 5. In 2014, 266 (47%) of the 561 graduates of Miramar High School received an unjustified grade change during the 2013-2014 school year. The grade changes benefitted Respondent in that the grade changes did or could have raised the overall grade of the school resulting in, among other things, additional funds going to Respondent’s school. These funds could be used as one-time pay increases for staff. 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)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(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 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(b)3, Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)6, Florida Administrative Code, in that Respondent has used coercive means or promised special treatment to influence professional judgments of colleagues. (SIGNATURE ON FOLLOWING PAGE) BRIAN FASO 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 (6 — day of March _,2018. hed hte} PAM STEWART, as __ - Commissioner of Education State of Florida

Docket for Case No: 18-004185PL