Vision: To be a world-class school system

SPECIAL SCHOOL BOARD MEETING June 14, 2016– 2:00 p.m.

Order of Business

I. Opening Exercises

A. Call to Order – Mr. Steven Teuber, Chairman

Adoption of agenda as order of business.

II. Public Comments

III. Superintendent’s Recommendations

A. As Mr. Torres has requested an administrative hearing, I recommend that the

Board suspend him without pay until such time as the Board receives and acts

upon the recommended order of the DOAH Administrative Law Judge. 3

IV. Other Business

A. Board Members’ Comments

B. Board Attorney’s Comments

C. Superintendent’s Comments

D. Next scheduled meetings of the Board:

June 14, 2016, 2:00 p.m., School Board Briefing Meeting (to begin

immediately following Special Board meeting)

June 14, 2016, 6:00 p.m., School Board Regular Meeting

V. Adjournment

Anyone wishing to appeal a decision made by The School Board of Lee County at

a meeting or hearing will need a verbatim record of the proceedings. This record

must include the testimony and evidence upon which the appeal is to be based.

The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida 33966-1012 (239) 334-1102 www.leeschools.net

Steven K. Teuber

Chairman, District 4

Mary Fischer

Vice Chairman, District 1

Jeanne S. Dozier

District 2

Cathleen O’Daniel Morgan

District 3

Pamela H. LaRiviere

District 5

Gregory K. Adkins, Ed.D.

Superintendent

Keith B. Martin, Esq.

Board Attorney

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The School Board of Lee County encourages public input into decisions made by this Board in a courteous and educational manner. To ensure the rights and opportunity for

hearing diverse opinion the following procedures must be followed:

IF YOU WISH TO SPEAK AT TODAY’S SCHOOL BOARD MEETING REGARDING AGENDA ITEMS OR

ANY MATTER RELEVANT TO THE OPERATION OF THE SCHOOL DISTRICT YOU MUST…

1) Completely fill out a blue card located at the back of the Board Room; 2) Give the blue card to the Secretary or the Board Attorney in the Board Room, BEFORE THE START of the meeting.

Rules for Speaking: Speakers will be called in order of receipt of cards. At a Regular or Special Meeting speakers addressing agenda items or any other matter relevant to the operation

of the School District will make comment at the beginning of the meeting. Each speaker will be allowed three (3) minutes speaking time unless the number of speakers is greater than 20, in

which case each speaker will be allowed up to two (2) minutes of speaking time. If the number of speakers is greater than 30, speakers will be allowed one (1) minute.

Please state your name for the record before you begin your speech. As each speaker nears the end of their speaking time, the School Board Attorney will instruct the speaker to

conclude. Please conclude speaking at the end of the time period allotted. Failure to stop speaking when directed to do so by the School Board Attorney and after a warning issued by the meeting chair may result in being required to leave the meeting.

No Speakers may yield their time to other people. Speakers and the public attending the meeting are expected to act in a respectful manner. Those who fail to do

so after being warned by the meeting chair may be required to leave the meeting. Attacks on individuals are prohibited.

Speakers may ask questions during their comments, but will not engage in dialogue with Board Members. The questions asked may be answered later in the meeting during Superintendent or Board Member comments.

Speakers may also address non-agenda issues of educational relevance during public comment. If a speaker is advocating a certain action be taken by the Board which requires the expenditure of funds, the speaker shall reveal any financial interest in the Board taking such action. If the speaker is an employee, owner, or has a financial interest in or is related to an individual who is an employee, owner or has a financial interest in an entity which provides the product or service being advocated, the speaker must reveal such interest.

IF YOU WISH TO SPEAK AT TODAY’S SCHOOL BOARD BRIEFING… All Rules are the same for speaking at a Board Briefing, except you can only speak to agenda items and it is

unnecessary to fill out a card.

THERE IS NO PUBLIC COMMENT PERMITTED AT SCHOOL BOARD WORKSHOPS.

Policy 1.11 Adopted: 2/27/07 (Formerly: Policy 1.31); Revised: 7/31/07 Revised: 9/24/13 Revised: 1/13/15 Revised: 7/28/15 (Formerly: Policy 1.09)

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THE SCHOOL DISTRICT OF LEE COUNTY, FLORIDA

Date: June 14, 2016 Section: Superintendent's Recommendation

Subject: Petition for Termination of Employment -Orlando Torres

Item No: Presenter(s): Dr. Gregory K. Adkj^sMr. Robert DodigDr. Angela Pruitt

School Board Action

strategic Plan:

Focus Area: 4. Hire and retain the best talent.

Background Information:

Attached is a Petition for Termination of Employment forOrlando Torres, a Security Specialist at East Lee County HighSchool. The grounds for Mr. Torres' termination are outlined inthe Petition.

The District was informed via letter dated April 29, 2016,that Robert J. Coleman, Esq., had been retained to representMr. Torres and that Mr. Torres was requesting a formaladministrative hearing on the matter of his termination. ThePetition was served on Mr. Coleman on April 29, 2016.

Fiscal Impact:

The action requested is /UT^in the current budget allocatedto the department or area: M^i^Yes No N/A

Superintendent's Recommendation:

As Mr. Torres has requested an administrative hearing, Irecommend that the Board suspend him without pay until such timeas the Board receives and acts upon the recommended order of theDOAH Administrative Law Judge.

Approved: Budget: Attorney:

Superintendent:

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III. A.

BEFORE THE SCHOOL BOARD OF LEE COUNTY

GREGORY K. ADKINS, Ed.D.,

Superintendent,

Petitioner,

V.

ORLANDO TORRES,

Respondent

Case No. 16-0007

PETITION FOR TERMINATION

Petitioner, Gregory K. Adkins, Ed.D., as Superintendent for

The School District of Lee County, Florida, through his

undersigned attorney, Robert Dodig, Jr., files this Petition for

Termination of Employment, and states as follows:

JURISDICTION

1. Petitioner is Superintendent for the School District

of Lee County {"District"), and therefore has the authority

pursuant to §1012.27, Florida Statutes, to recommend to the

School Board that any school employee be suspended and/or

dismissed from employment.

2. Respondent, ORLANDO TORRES ("Respondent"), has been

employed with the District since August 5, 2011. He is

currently assigned as a Security Specialist at East Lee County

High School.

3. Respondent is an "educational support employee" as

defined by §1012.40(1)(a), Florida Statutes. His employment is

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governed by the collective bargaining agreement between the

Support Personnel Association of Lee County (^"SPALC") and the

School Board of Lee County. The standard for the discipline of

support personnel is ^'just cause" pursuant to Article 7 of the

SPALC Agreement.

4. The Lee County School Board is located at 2855

Colonial Boulevard, Fort Myers, Florida 33956. The School

Board's Administrative Code identification number is 6 GX-36.

The School Board has the authority to terminate and/or suspend

educational support personnel without pay and benefits pursuant

to §§1012.22 (1) (f) and 1012.40 (2) (c) , Florida Statutes.

5. The Division of Administrative Hearings C'DOAH"), has

contractual jurisdiction over the parties and the subject matter

of this Petition in the event Respondent requests a hearing on

this matter pursuant to Board Policy 1.12(7) (c) and provision

7.109 of the SPALC agreement and §§1012.40(2) (c) , 120.569 and

120.57, Florida Statutes.

GENERAL ALLEGATIONS AND PROCEDURAL HISTORY

6. On February 4, 2016, Professional Standards & Equity

received information that Respondent reportedly violated Board

policy and the SPALC contract by allegedly making inappropriate

comments and sexual advances toward female students at East Lee

County High School.

Page 2 of 6

Petition: Adkins v Torres, Orlando

Case No. 15-0007

5

7. Professional Standards and Equity initiated an

investigation into the allegations and determined that

Respondent made inappropriate comments and remarks of a sexual

nature, on numerous occasions, in the presence of or directed

towards at least three female high school students.

8. The comments included suggestions that Respondent was

interested in the students sexually, and caused the students

extreme discomfort, embarrassment, and created an inhospitable

learning environment.

9. As' a result of the allegations and subsequent

investigation, on March 11, 2016, Respondent attended a pre

determination conference with his union representative, Suzan

Rudd. Respondent was provided an opportunity to respond to the

foregoing allegations and denied each and every allegation.

10. Following the pre-determination conference, a

determination was made regarding Respondent's employment. On

April 19, 2016, Respondent was notified via letter that he was

being recommended for termination and suspended without pay

pursuant to School Board Policy 1.12. (See Exhibit #1)

CHARGES

11. Respondent's actions constitute misconduct in office

pursuant to Florida Statute §1012.33(1)(a) as defined by State

Board Rule 6A-5.056(2), F.A.C. Respondent's actions violate

Page 3 of 6

Petition: Adkins v Torres, Orlando

Case No. 16-0007

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School Board Policy 5.02, Professional Standards, which requires

dedication to high ethical standards. Respondent's actions

violate School Board Policy 5.03, General Requirements for

Appointment or Employment, which requires that employees must be

of good moral character. Respondent's actions violate School

Board Policy 5.29, Complaints Relating to Employees, which

requires all employees exemplify conduct that is lawful and

professional. Respondent's actions violate School Board Policy

5.30, Complaint Procedures for Sexual Harassment by Employees,

which prohibits sexual harassment of other individuals by

employees in the workplace. Respondent's conduct violates

provision 7.12, Workplace Civility, of the SPALC contract which

prohibits profane or harassing conduct. Respondent's conduct

was unbecoming of a School Board employee and has impaired his

effectiveness as a District employee. Due to the foregoing

violations of Florida law. State Board of Education Rules and

School Board policies, just cause exists for the termination of

Respondent's employment.

WHEREFORE, Petitioner, Dr. Gregory K. Adkins,

Superintendent for the School District of Lee County, Florida,

recommends that Respondent be terminated from his employment

with the District. If Respondent requests a hearing on the

Petition, the Superintendent requests that the Board continue

Page 4 of 6

Petition: Adkins v Torres, Orlando

Case No. 16-0007

7

his suspension without pay and benefits pending the outcome of

the hearing.

RESPONDENT IS HEREBY NOTIFIED IN ACCORDANCE WITH LEE COUNTY

SCHOOL BOARD POLICY 1.12 THAT AN AGENDA ITEM REQUESTING ACTION

BY THE SCHOOL BOARD AND SETTING FORTH THE SUPERINTENDENT'S

RECOMMENDATION TO TERMINATE RESPONDENT HAS BEEN PREPARED AND IS

SET TO BE HEARD BY THE BOARD AT A SPECIAL SCHOOL BOARD MEETING

ON TUESDAY, JUNE 14, 2016, AT 2:00 P.M., OR AS SOON THEREAFTER

AS IT MAY BE HEARD. RESPONDENT IS ADVISED THAT HE MAY REQUEST

AN EVIDENTIARY HEARING ON THE CHARGES IN THIS PETITION AND MUST

MAKE THE REQUEST WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THE

PETITION. THE REQUEST FOR A HEARING SHOULD BE MADE TO

PETITIONER'S ATTORNEY AT THE ADDRESS AND/OR PHONE NUMBER LISTED

BELOW. RESPONDENT'S FAILURE TO REQUEST A HEARING SHALL

CONSTITUTE AN ADMISSION THAT THE CHARGES IN THE PETITION ARE

TRUE AND THE ONLY MATTER THAT SHALL BE CONSIDERED BY THE SCHOOL

BOARD IS WHETHER DISMISSAL IS APPROPRIATE BASED UPON THE

CHARGES. IF RESPONDENT FAILS TO REQUEST AN EVIDENTIARY HEARING

THE ONLY MATTER TO BE DISCUSSED AT THE SPECIAL SCHOOL BOARD

MEETING IS THE APPROPRIATENESS OF THE RECOMMENDED PENALTY.

Page 5 of 6

Petition: Adkins v Torres, Orlando

Case No. 16-0007

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Respectfully submitted this 29th day of April, 2016.

GREt^ORX/K./ A15kINS , Ed. D.,Petitioner

ROBERT DODIG, JR.

Attorney for PetitionerFlorida Bar No. 0025593

The School District of Lee County

2855 Colonial Boulevard

Fort Myers, Florida 33966(239) 335-1447 / Telephone(239) 335-1530 / Facsimile

Page 6 of 6

Petition: Adkins v Torres, Orlando

Case No. 16-0007

9

The School District of lee County2855 COLONIAL Blvd./ Fort Myers, Florida 33966-1012 / (239)334-1102/ TTD/TTY (239)335-1512

SSBHtaranil www.leeschools.net

P/ ANGELA J. PRUITT. PH.D. STEVEN K. TEUBERExecutive Director, Human Resources Chairman, district 4(239) 335«509 Fax: (239) 337-8689 Mary Fischer

Vice Chairman, District 1

Jeanne S. dozier

District 2

Cathleen O'Daniel Morgan

orvir DistrictsApnll9, 2016 PamelaH. LaRiviereDistricts

VIA CERTIFIED MAH. RETURN Gregory K. adkins, ed. d.

RECEIPT NO; 7015 1520 0003 4046 4460 superintendentAND REGULAR US MAIL

Orlando Torres (Security Specialist/East Lee County High School)5313 Bynwood StreetLehigh Acres, Fl. 33971

Dear Mr. Torres:

As you are aware, the School District of Lee County initiated an mvestigation into allegations ofmisconduct against you. A Predetermination hearing was held on Tuesday, March 15, 2016, togive you the opportunity to respond. You were present at the hearing in addition to: Myself,Robert Dodig, Staff Attorney and Suzan Rudd, Service Unit Director FEA.

Please be advised that the mvestigation has concluded at this time and the District fmds there isprobable cause for disciplinary action. Effective 4/20/16, you are suspended without pay andbenefits. We will be recommending to the Superintendent that you be terminated from yourposition at the next appropriate School Board meeting.

This letter will be open to public inspection and/or copying pursuant to Chapters 119 and 1012,Florida Statutes, within 10 days of your receipt of the same. A copy of this letter will be placedin your personnel file. Any other documents shall be maintained as required by law. Please beadvised that you have the right to answer these materials in writing and that this answer will beattached to the documents in the personnel file.

Sincerely,

An^^ J. Pniitt, Ph.D.Executive Director, Human Resources

go: ^egory K. Adkins, Ed.D, Superintendentv/^bert Dodig, Staff AttorneySuz^ Rudd, Service Unit Director FEASusan Zellers, Principal, East Lee County High SchoolRita Zazarro, Director, PayrollPersonnel File

Investigation File

Vision: To Be A World-Cu^s School System

EXHIBIT

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