Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MIGUEL CASTINEIRA
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 05, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 10, 2018.
Latest Update: Dec. 23, 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, 167-0128
MIGUEL D. CASTINEIRA,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against MIGUEL D. CASTINEIRA. 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 755434, covering the areas
of English and Social Science, which is valid through June 30, 2019.
2. At all times pertinent hereto, the Respondent was employed as a Social Studies
Teacher at Kinloch Park Elementary School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about ee ae Respondent required A ace student J to
repeat a statement in front of the class to the effect oft “Mr. Castineira, I am eating shit.”
Respondent’s conduct caused student iio feel embarrassed.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)G@), Florida Statutes,
MIGUEL D. CASTINEIRA
Administrative Complaint
Page 2 of 2
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.
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 oN day of daly - , 2017.
]
Li, Ltcrerof
PAMSTEWART,as
Commissioner of Education
State of Florida
Docket for Case No: 18-005822PL
Issue Date |
Proceedings |
Dec. 10, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 07, 2018 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Nov. 14, 2018 |
Order of Pre-hearing Instructions.
|
Nov. 14, 2018 |
Notice of Hearing by Video Teleconference (hearing set for January 3, 2019; 9:30 a.m.; Miami and Tallahassee, FL).
|
Nov. 06, 2018 |
Initial Order.
|
Nov. 05, 2018 |
Letter from Mark Herdman rearding representation filed.
|
Nov. 05, 2018 |
Election of Rights filed.
|
Nov. 05, 2018 |
Administrative Complaint filed.
|
Nov. 05, 2018 |
Agency referral filed.
|