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 againss 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. MATERIAL ALLEGATIONS 3. During the a a and ror school year, Respondent engaged in an inappropriate relationship with [an Milycar old [J student, to-wit: a. Respondent and WB 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 iy al e. Respondent allowed I to play with his hair while BB visitea him in his office. f. Respondent grabbed =) buttocks after a football game. 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)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 Zot day of September. 2017. / } / Y/ Appr ( * PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 19-006300PL