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PAM STEWART, AS COMMISSIONER OF EDUCATION vs OMAR PEREZ, 18-005736PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005736PL Visitors: 17
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.
Source:  Florida - Division of Administrative Hearings

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