Pinellas FL Lawyers | Mark Steven Herdman -- eLawyers

19-006580TTS MIAMI-DADE COUNTY SCHOOL BOARD vs CARLOS M. SANJURJO (2019)

Division of Administrative Hearings, Florida Filed: Dec. 10, 2019

Whether just cause exists, pursuant to section 1012.33, Florida Statutes,2 to suspend Respondent from his employment as a teacher for ten days without pay. 1 All references to chapter 120 are to the 2019 version. 2 All references to chapter 1012 are to the 2018 version, which was in effect at the time of the alleged misconduct at issue in this proceeding.Petitioner proved that Respondent engaged in two counts of misconduct in office. Consistent with the progressive discipline policy, recommend suspension for one offense and verbal reprimand for other offense.

19-002468TTS MIAMI-DADE COUNTY SCHOOL BOARD vs OSCAR D. RIZO (2019)

Division of Administrative Hearings, Florida Filed: May 13, 2019

Whether just cause exists for Petitioner to suspend without pay and terminate Respondent’s employment as a teacher.School Board failed to prove by a preponderance of evidence that teacher's conduct constituted misconduct in office, immorality, or a violation of School Board policies justifying his suspension and termination.

19-002915TTS MIAMI-DADE COUNTY SCHOOL BOARD vs CLAUDE A. PAUL (2019)

Division of Administrative Hearings, Florida Filed: May 31, 2019

Whether Respondent, Claude Paul ("Respondent" or "Ms. Paul") committed the violations as alleged in the November 18, 2018, Petitioner's, Miami-Dade County School Board ("the School Board") action letter; and, if so, what is the appropriate penalty.Teacher who restrained an 11 year-old EBD student by twisting his arms behind his back, causing multiple fractures to both arms, and slapping his face, used excessive force and engaged in misconduct in office which constitues just cause for termination.

17-005796TTS MIAMI-DADE COUNTY SCHOOL BOARD vs HARCOURT I. CLARK (2017)

Division of Administrative Hearings, Florida Filed: Oct. 19, 2017

The issue to be determined in this case is whether Petitioner, Miami-Dade County School Board (School Board), had just cause to suspend Respondent, Harcourt I. Clark, for ten days without pay.Petitioner failed to prove that Respondent committed misconduct and gross insubordination.

09-005253TTS MIAMI-DADE COUNTY SCHOOL BOARD vs JAMILLAH PETERS (2009)

Division of Administrative Hearings, Florida Filed: Sep. 25, 2009

The issue in this case is whether Petitioner has just cause to suspend Respondent for 30 workdays without pay?Petitioner demonstrated just cause to suspend Respondent workdays without pay for Misconduct in Office, Gross Insubordination, and violation of the School Board Rules for Responsibilities and Duties, and the Code of Ethics.

04-001575TTS MIAMI-DADE COUNTY SCHOOL BOARD vs JOANN D. DETTREY (2004)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2004

The issue is whether Petitioner may terminate the professional service contract of Respondent due to a failure to correct performance deficiencies during the 90-calendar-day probationary period.Petitioner failed to prove unsatisfactory performance so as to justify termination of professional service contract.

07-001470TTS MIAMI-DADE COUNTY SCHOOL BOARD vs JEAN BERROUET (2007)

Division of Administrative Hearings, Florida Filed: Mar. 30, 2007

The issue in this case is whether Respondent, Jean Berrouet, committed the violations alleged in the Notice of Specific Charges and, if so what disciplinary action should be taken against him.Respondent should be reinstated as a teacher with full back pay and benefits because Petitioner failed to demonstrate just cause for termination.

16-007495TTS MIAMI-DADE COUNTY SCHOOL BOARD vs ROSE DAVIDSON (2016)

Division of Administrative Hearings, Florida Filed: Dec. 20, 2016

Whether Rose Davidson committed the acts alleged in the Miami-Dade County School Board's Notice of Specific Charges dated April 7, 2017; and, if so, what discipline should be imposed against her.The School Board proved misconduct in office, but not gross insubordination, related to Respondent's improper test assistance given to students, warranting a significant period of unpaid suspension, but not dismissal for this 27-year employee.

10-009326TTS MIAMI-DADE COUNTY SCHOOL BOARD vs JEFFREY ESKRIDGE (2010)

Division of Administrative Hearings, Florida Filed: Sep. 28, 2010

Whether Respondent committed the acts alleged in the Notice of Specific Charges and, if so, the discipline, if any, that should be imposed against Respondent’s employment.No just cause to terminate employment, as evidence failed to establish impaired effectiveness. However, discipline other than dismissal can be imposed based upon Respondent's failure to protect students from conditions harmful to physical health.

11-002084TTS MIAMI-DADE COUNTY SCHOOL BOARD vs STEPHAN GUY (2011)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2011

The issues are whether Petitioner has demonstrated that Respondent should be suspended and terminated from employment with the Miami-Dade County Public Schools, pursuant to section 1012.34, Florida Statutes, for failure to correct performance deficiencies; and whether Petitioner should be terminated for just cause, pursuant to section 1012.33, Florida Statutes, for incompetency due to inefficiency.Petitioner failed to prove, by a preponderance of the evidence, that Respondent failed to correct performance deficiencies under section 1012.34, or that just cause exists under section 1012.33, to suspend and terminate his employment.

Mark Steven Herdman