Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: GUSTAVO L. PACHECO
Judges: JUNE C. MCKINNEY
Agency: Department of Education
Locations: Miami, Florida
Filed: Mar. 19, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 5, 2021.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
RICHARD CORCORAN, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 189-2022
GUSTAVO L. PACHECO,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative
Complaint against GUSTAVO L. PACHECO. 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 1350454, covering the area of
Mathematics, which is valid through December 31, 2020.
2. At all times pertinent hereto, the Respondent was employed as a Mathematics
Teacher at Carribean K-8 Center in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about February 6, 2019, Respondent exhibited inappropriate conduct when
he told a. an eradelII student, that Jooked like a lost puppy, or words to that
effect. As a result, was embarrassed and cried.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of section 1012.795(1)(j), Florida Statutes,
Probable Cause Letter and Administrative Complaint.-2
GUSTAVO L. PACHECO
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 |¢% day of July , 2020.
Mi
RICHARD CORCORAN, as
Commissioner of Education
State of Florida
Probable Cause Letter and Administrative Complaint.-3
Docket for Case No: 21-001087PL
Issue Date |
Proceedings |
May 05, 2021 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 04, 2021 |
Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
|
Apr. 12, 2021 |
Order of Pre-hearing Instructions.
|
Apr. 12, 2021 |
Notice of Hearing by Zoom Conference (hearing set for June 1, 2021; 9:30 a.m., Eastern Time).
|
Apr. 08, 2021 |
Unilateral Response to Initial Order filed.
|
Mar. 30, 2021 |
Initial Order.
|
Mar. 19, 2021 |
Administrative Complaint filed.
|
Mar. 19, 2021 |
Finding of Probable Cause filed.
|
Mar. 19, 2021 |
Revised Election of Rights filed.
|
Mar. 19, 2021 |
Agency referral filed.
|