Petitioner: ORANGE COUNTY SCHOOL BOARD
Respondent: PAUL SHELTON
Judges: SUSAN BELYEU KIRKLAND
Agency: County School Boards
Locations: Orlando, Florida
Filed: Sep. 22, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 22, 2004.
Latest Update: Dec. 23, 2024
SCHOOL BOARD OF ORANGE COUNTY,
FLORIDA, BY AND THROUGH ITS
SUPERINTENDENT, RONALD BLOCKER,
Petitioner
Vs. Paul Shelton
Respondent
ADMINISTRATIVE COMPLAINT
RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the
Schoo! Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files
this Administrative Complaint against Paul Shelton (hereinafter referred to as
“Respondent”.
Petitioner seeks the severance of Respondent's professional services contract
with Petitioner pursuant to Section 1012.33, Florida Statutes.
The Petitioner alleges:
1.
The Respondent, at all times material to this Complaint, was: employed as
a classroom teacher by the Petitioner, the School Board of Orange
County, Florida.
The Respondent holds a professional services contract of employment
with the Schco! Board of Orange County, Florida.
That on or about April 4, 2001, a student (G.J.) alleged that the
Respondent inappropriately touched her in a sexual manner by rubbing
her shoulders. Investigation was unable to substantiate the allegation
and no disciplinary action was taken against the Respondent. The
Respondent was verbally counseled by the Principal and Assistant
Principal regarding his professional conduct, specifically, he was directed
to not be alone with female students.
That on or about May 7, 2001, a student (A.E.) alleged that the
Respondent inappropriately touched her in a sexual manner. The alleged
incident took place while she was alone with the Respcndent in his
classroom. That on or about May 9, 2001, the Respondent was placed
on relief of duty pending the completion of an investigation. That on or
about August 6, 2001, the Respondent admitted to being alone with the
student but denied touching her.
That on or about August 22, 2001, the Respondent received a written
reprimand (Attached hereto and incorporated herein as Attachment A).
The reprimand was issued as a result of inappropriate comments to a
student and failure to follow the previously issued directives regarding
being alone with female students. The Respondent was informed in this
reprimand that “...should there be another incident of this nature in the
future, discipline up to and including dismissal may be recommended”.
That on or about February 26, 2002 the respondent received a less than
satisfactory evaluation (Attached hereto and incorporated herein as
Attachment B) as a result of his conduct and performance in the
classroom. The Respondent received a “NI” (needs improvement) in the
areas of Classroom Management and Discipline and Interpersonal Skills.
He received an “ER” (effective with recommendations) in the areas of
Planning and Delivering Instruction and Assessment of Student
Performance and Professional Development Plan. The Respondent's
overall rating was “ER”.
That on or about March 27, 2002, the Respondent received written
directives (Attached hereto and incorporated herein as Attachment C)
regarding his professional conduct and his interactions with students.
These directives were the result of students in the Respondent's class
alleging that the Respondent was starting class late because he was
selling cookies for his Future Business Leaders of America (FBLA) class
and showing favoritism to certain students.
10.
That during the month of April 2002, students and parents cf students in
the Respondent's class alleged that the Respondent threatened and did
lower the grades of students who gave statements regarding his
performance. As a result of the principal's investigation and the
Respondent's prior conduct, the Respondent was removed from the
Future Business Leaders of America (FBLA) and directed to not have
additional contact with the program or the students.
That on or about September 16, 2002, a meeting was held with the
Respondent, his union representative, the principal and a manager from
Employee Relations to discuss the respondent’s concerns regarding the
previous incidents. The Respondent was particularly concerned about
being removed from the Future Business Leaders of America (FBLA)
program. The Respondent was specifically directed to have no further
contact with the program.
Concerning the latest incident, on or about April 30, 2003 a student (C.F.)
alleged that the Respondent inappropriately touched her in a sexual
manner. The Respondent was placed on relief of duty on May 1, 2003
pending an investigation. When the Respondent was issued his letter on
May 1, 2003 regarding his relief of duty and he was being escorted off
campus, the Respondent requested to return to his classroom to take
care of an issue. The assistant principal denied his request.
Investigation revealed that doughnuts were being sold from the
Respondent's classroom for the Future Business Leaders of America
(FBLA).
The Respondent admitted being alone in his classroom with the student
but denied touching her. The Respondent denied personally selling any
doughnuts for the Future Business Leaders of America (FBLA) but did
acknowledge that students were selling them in his class for another
teacher in the Future Business Leaders of America (FBLA) program.
Both actions by the Respondent are in violation of the previously issued
directives and reprimand.
42. Such actions, individually or collectively, by the Respondent are in
violation of School Board Policies and constitute misconduct in office,
willful neglect of duty, gross insubordination, conduct unbecoming a
public employee, and a breach of Respondent's employmerit agreement
with the School Board.
13. Said violations, individually or collectively, are sufficient grounds to sever
the professional services contract status of Respondent, Paul Shelton,
and to terminate his employment with the School Board of Orange
County, Florida.
THEREFORE, the Superintendent of Schools for the School Board of Orange
County, Florida, recommends that the Board sever its professional services contract
relationship with the Respondent and terminate immediately the employment of
Respondent, Paul Shelton.
Dated this 5 day of August, 2003.
rank
Florida&Bar No. 238597
Attorney for Ronald Blocker,
Superintendent, the Schcol Board
of Orange County, Florida
445 W. Amelia Street
Orlando, Florida 32801
(407)317-3411
Docket for Case No: 03-003451
Issue Date |
Proceedings |
Mar. 22, 2004 |
Order Closing File. CASE CLOSED.
|
Mar. 22, 2004 |
Letter to Judge Manry from F. Kruppenbacher regarding the settlement of the case (filed via facsimile).
|
Mar. 18, 2004 |
Respondent`s Exhibit List (filed via facsimile).
|
Mar. 18, 2004 |
Respondent`s Witness List (filed via facsimile).
|
Mar. 18, 2004 |
Respondent`s Pre-hearing Statement (filed via facsimile).
|
Mar. 12, 2004 |
Petitioner`s Exhibit List (filed via facsimile).
|
Mar. 12, 2004 |
Petitioner`s Pre-hearing Statement (filed via facsimile).
|
Mar. 09, 2004 |
Petitioner`s Request for Subpoenas for Trial (filed via facsimile).
|
Feb. 19, 2004 |
Amended Notice of Taking Depositions (M. Blazewtz, A. Joossews, L. Burns, N. Ford, V. Moore, and C. Fleece) filed via facsimile.
|
Feb. 18, 2004 |
Amended Notice of Taking Depositions (M. Blazewtz, A. Joossews, L. Burns, N. Ford, V. Moore, and C. Fleece) filed via facsimile.
|
Jan. 30, 2004 |
Order of Pre-hearing Instructions.
|
Jan. 30, 2004 |
Notice of Hearing (hearing set for March 23 and 24, 2004; 9:30 a.m.; Orlando, FL).
|
Jan. 27, 2004 |
Notice of Transfer.
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Jan. 16, 2004 |
Notice to Reschedule Final Hearing (filed by Respondent via facsimile).
|
Dec. 02, 2003 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by January 16, 2004).
|
Dec. 02, 2003 |
Joint Motion for Continuance (filed by Petitioner via facsimile).
|
Nov. 18, 2003 |
Amended Notice of Taking Depositions (M. Blazewtz, A. Joossews, L. Burns, N. Ford, V. Moore, and C. Fleece) filed via facsimile.
|
Nov. 12, 2003 |
Petitioner`s Request for Subpoenas (filed via facsimile).
|
Nov. 07, 2003 |
Notice of Taking Depositions (M. Blazewtz, A. Joossews, L. Burns, N. Ford, V. Moore, and C. Fleece) filed via facsimile.
|
Nov. 05, 2003 |
Notice of Hearing (hearing set for December 12, 2003; 9:00 a.m.; Orlando, FL).
|
Oct. 31, 2003 |
Respondent`s Response to Order Granting Continuance and Rescheduling Final Hearing (filed via facsimile).
|
Oct. 21, 2003 |
Order Granting Continuance (parties to advise status by October 31, 2003).
|
Oct. 13, 2003 |
Motion to Reschedule Final Hearing (filed by Respondent via facsimile).
|
Oct. 03, 2003 |
Order of Pre-hearing Instructions.
|
Oct. 03, 2003 |
Notice of Hearing by Video Teleconference (video hearing set for December 1, 2003; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Oct. 02, 2003 |
Petitioner`s Case Management Statement (filed via facsimile).
|
Sep. 29, 2003 |
Respondent`s Response to Initial Order (filed via facsimile).
|
Sep. 23, 2003 |
Initial Order.
|
Sep. 22, 2003 |
Letter to P. Shelton from M. Blasewitz enclosing directives of the District filed.
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Sep. 22, 2003 |
Letter to P. Shelton from M. Blasewitz summarizing meeting of August 6, 2001 filed.
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Sep. 22, 2003 |
Administrative Complaint filed.
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Sep. 22, 2003 |
Request for Administrative Hearing filed.
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Sep. 22, 2003 |
Agency referral filed.
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