Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: OMAR PEREZ
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Oct. 30, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 23, 2019.
Latest Update: Nov. 19, 2024
FROM: The Education Practices Commission
TO: DOAH Clerk of Court
RE: REDACTION OF CERTAIN LANGUAGE
The Education Practices Commission reviewed and redacted certain verbiage
within the document(s) included prior to transferring the case to DOAH so that
individual student(s) information cannot be identified in accordance with Section
1002.221(1), Fla. Stat. (2018).
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 167-2540
OMAR ALEXANDER PEREZ,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against OMAR ALEXANDER PEREZ. 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 987334, covering the areas
of Social Science and Music, which is valid through June 30, 2021.
2. At all times pertinent hereto, the Respondent was employed as a Band Director at
Hialeah Senior High School in the Miami-Dade County School District.
E EGATION:
3. During the an choo] year, Respondent engaged in an
inappropriate relationship with an student, to-wit:
a. Respondent and i exchanged personal intimate text messages to include but not
limited to: [texting “Don’t forget to take your charger baby,” or words to that
effect.
b. received preferential treatment compared to other students.
c. sat with Respondent in his personal vehicle.
OMAR ALEXANDER PEREZ
Administrative Complaint
Page 2 of 3
d. Respondent bought lunch for i
e. Respondent allowed a play with his hair while Bh isitea him in his office.
f. Respondent grabbed s buttocks after a football game.
The Petitioner charges:
TATUTE VIOL N
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 hercin 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)8, Florida Administrative Code, in that Respondent has exploited a relationship with
a student for personal gain or advantage.
(SIGNATURE ON FOLLOWING PAGE)
OMAR ALEXANDER PEREZ
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 40 th day of Splimber. 2017.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 18-005736PL
Issue Date |
Proceedings |
Jan. 23, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 17, 2019 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Nov. 15, 2018 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 6, 2019; 9:30 a.m.; Miami and Tallahassee, FL).
|
Nov. 15, 2018 |
Joint Motion to Continue Hearing filed.
|
Nov. 08, 2018 |
Order of Pre-hearing Instructions.
|
Nov. 08, 2018 |
Notice of Hearing by Video Teleconference (hearing set for December 6, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
|
Nov. 07, 2018 |
Joint Response to Initial Order filed.
|
Oct. 30, 2018 |
Initial Order.
|
Oct. 30, 2018 |
Notice of Appearance (Emily Moore).
|
Oct. 30, 2018 |
Election of Rights filed.
|
Oct. 30, 2018 |
Administrative Complaint filed.
|
Oct. 30, 2018 |
Agency referral filed.
|