STATE OF VERMONT AGENCY OF EDUCATION In Re: LI-17-253 (Mario Macias) FORMAL CHARGE By authority of State of Vermont pursuant to 16 V.S.A. ?l701(b) the Secretary of Education charges Licensee with unprofessional conduct in violation of 16 V.S.A. ?1698, to wit: Count 1 Mario Macias, Licensee, while employed as the Guidance Director for Burlington High School in the Burlington School District, deliberately falsi?ed information regarding the evaluation of a learner, speci?cally a student transcript which was a single egregious act of willful misconduct in violation of duties and obligations of the position in violation of 16 V.S.A. and Count 2 Mario Macias, Licensee, While employed as the Guidance Director for Burlington High School in the Burlington School District, failed to maintain a professional relationship with a college student who was substitute teaching at Burlington High School. Licensee used the power and authority of his position as an administrator and created an intimidating, hostile or offensive working environment, and together such conduct is a single egregious act of willful misconduct in violation of duties and obligation of the position in violation of 16 V.S.A. ?l698(l)(E); and Count 3 Mario Macias, Licensee, while employed as the Guidance Director for Burlington High School in the Burlington School District, unreasonably impaired colleagues? ability to perform their professional duties, speci?cally, by pointing his ?nger in a an employee?s face and shouting in an angry voice, by ridiculing an employee in front of others including a practicum student, and by intimidating employees who complained to the principal about these incidents, and together such conduct demonstrates a pattern of willful misconduct in violation of duties and obligations of the position in violation of 16 V.S.A. ?1698(l)(E). Count 4 Mario Macias, Licensee, while employed as the Guidance Director for Burlington High School in the Burlington School District, revealed his knowledge of highly sensitive personal information regarding a student to the student and a third party and in the presence of the third party made the student discuss the highly traumatic events in the student?s past which was an grossly negligent conduct placing a student in meaningful emotional jeopardy in violation of 16 V.S.A. ?l698(1)(A); and Count 5 Mario Macias, Licensee, while employed as the Guidance Director for Burlington High School in the Burlington School District, failed to provide appropriate supervision of learners taking a standardized test by allowing students to talk to one another during the administration of the test and creating a disruptive testing environment for a student who had not yet completed the exam. As a result of Licensee?s comments and gestures toward the student, the student felt pressured and stopped working before expiration of the allotted time and before completing the exam, and together this conduct is a single egregious act of willful misconduct in violation of duties and obligation of the position in violation of 16 V.S.A. and Count 6 Mario Macias, Licensee, while employed as the Guidance Director for Burlington High School in the Burlington School District, was unaware of the basic functions of the guidance department and demonstrated incompetence, meaning inability or incapacity to perform the duties and competencies required by the license in violation of 16 V.S.A. ?1698(2). Secretarv? 5 Recommendation The Secretary of Education hereby recommends that the Vermont Educator License of Mario Macias be SUSPENDED for a period of 364 days. DATED: 7 7 Daniel M. French, Secretary of Education