Hillsborough FL Administrative law and Employment and labor -- eLawyers

Nicholas Anthony Caggia

Visitors: 90

Bar #45639(FL) License for 17 years; Member in Good Standing

Brandon FL

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Related Laws :

USC: 42 U.S.C 12101

CFR: 29 CFR 1630.2, 29 CFR 1630.2, 29 CFR 1630.2

Florida Laws: 1001.02, 1001.20, 1001.32, 1001.33, 1001.42, 1003.573, 1004.93, 1008.22, 1008.24, 1008.30, 1008.36, 1012.01, 1012.22, 1012.23, 1012.27, 1012.315, 1012.33, 1012.335, 1012.34, 1012.39, 1012.40, 1012.56, 1012.795, 1012.796, 120.52, 120.536, 120.54, 120.569, 120.57, 120.68, 316.061, 316.193, 585.145, 775.082, 775.083, 775.085, 782.051, 782.09, 787.06, 790.166, 828.29, 838.015, 843.02, 847.0135, 859.01, 876.32, 934.02, 934.06

Florida Administrative Code: 28-106.217, 6A-10.080, 6A-10.081, 6A-5.056

18-003886TTS PALM BEACH COUNTY SCHOOL BOARD vs LORI SCHWARTZ (2018)

Division of Administrative Hearings, Florida Filed: Jul. 25, 2018

Whether just cause exists for Petitioner, Palm Beach County School Board ("Board"), to suspend Respondent, Lori Schwartz, from her position as a Speech and Language Pathologist ("SLP") for a period of ten days without pay.The School Board has just cause to suspend Respondent, an ESE teacher, for ten days without pay based on her gross insubordination and misconduct in office for failure to follow directives to complete her work in a timely and accurate manner.

17-006849TTS PALM BEACH COUNTY SCHOOL BOARD vs ZEDRICK BARBER (2017)

Division of Administrative Hearings, Florida Filed: Dec. 21, 2017

Whether just cause exists for Petitioner to suspend Respondent from his teaching position, without pay, for 15 days, and to terminate his employment as a teacher.Petitioner proved, by clear and convincing evidence, that Respondent violated pertinent rules and school board policies such that just cause exists to impose discipline. Recommend suspension without pay pursuant to progressive discipline policy.

17-000615TTS PALM BEACH COUNTY SCHOOL BOARD vs ILISSA SANDERS (2017)

Division of Administrative Hearings, Florida Filed: Jan. 25, 2017

The issue is whether just cause exists for Petitioner to suspend Respondent from her teaching position without pay for 15 days and to terminate her employment as a teacher.Petitioner proved, by clear and convincing evidence, that Respondent assisted students on the Florida Standards Assessment, in violation of chapter 1008 and applicable rules and policies.

17-000614TTS PALM BEACH COUNTY SCHOOL BOARD vs MARIA MARRERO-RIOS (2017)

Division of Administrative Hearings, Florida Filed: Jan. 25, 2017

Whether just cause exists to suspend Respondent without pay and terminate her employment as a teacher.School Board proved by clear and convincing evidence that Respondent assisted students and interfered with their answers during the FSA examination, which constitutes just cause for suspension and termination.

15-007009TTS PALM BEACH COUNTY SCHOOL BOARD vs LONTAY FINNEY (2015)

Division of Administrative Hearings, Florida Filed: Dec. 11, 2015

The issue in this case is whether there is just cause to terminate Lontay Finney's employment with Palm Beach County School Board based upon the allegations made in its Petition.School Board proved by clear and convincing evidence that it had just cause to terminate Respondent's employment.

15-006467TTS PALM BEACH COUNTY SCHOOL BOARD vs MICHELLE WHITCO (2015)

Division of Administrative Hearings, Florida Filed: Nov. 17, 2015

The issues are whether Petitioner has just cause to discipline Respondent for restraining a student with disabilities, in violation of Petitioner’s policy 5.181(4)(a), (4)(b)(iv), and (6)(d)(iii)(A), and, if so, whether Petitioner may depart from progressive discipline and impose a one-day suspension, as provided by the Collective Bargaining Agreement Between Petitioner and The Palm Beach County Classroom Teachers Association (CBA).Teacher violated School Board policy restricting restraint of ESE students when she tethered student's chair legs to table legs with bungee cord, but School Board failed to prove misconduct was flagrant so as to depart from progressive discipline.

15-005645PL PAM STEWART, AS COMMISSIONER OF EDUCATION vs WILLIAM DORAN (2015)

Division of Administrative Hearings, Florida Filed: Oct. 08, 2015

The issues to be determined are whether Respondent, Mr. William Doran, violated sections 1012.795(1)(g) or (j), Florida Statutes (2012),1/ and implementing administrative rules, as alleged in the Administrative Complaint, and, if so, what is the appropriate sanction?Respondent's personal physical challenge of student and comments about a student in class were just cause for revocation of teaching certificate for a period of two years.

15-006611TTS PALM BEACH COUNTY SCHOOL BOARD vs JEFFREY SCHECTOR (2015)

Division of Administrative Hearings, Florida Filed: Nov. 23, 2015

Whether Petitioner, Palm Beach County School Board ("Petitioner" or "School Board") proved by clear and convincing evidence that it has just cause to discipline Respondent, Jeffrey Schector, and, if so, what is the appropriate penalty.The School Board did not provide clear and convincing evidence, as required by the CBA, that the teacher's berating of several students warranted skipping steps of progressive discipline. Suspension, not termination, was recommended.

15-004929 ST. LUCIE COUNTY SCHOOL BOARD vs RANDOLPH LOCKRIDGE (2015)

Division of Administrative Hearings, Florida Filed: Sep. 02, 2015

The issue in this proceeding is whether Petitioner, St. Lucie County School Board, has just cause to terminate Respondent's employment.The School Board presented sufficient just cause to terminate the Petitioner, an ESE behavior technician, for insubordination and using inappropriate methods to discipline or control a disabled student.

15-001741TTS PALM BEACH COUNTY SCHOOL BOARD vs LIBBY STROUD (2015)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2015

Whether just cause exists for Petitioner to suspend Respondent without pay and terminate her employment as a teacher.School Board proved by clear and convincing evidence pursuant to CBA that just cause exists to suspend and terminate Respondent's employment as a teacher for misconduct, incompetency, gross insubordination, and willful neglect of duty.