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ORANGE COUNTY SCHOOL BOARD vs PAUL SHELTON, 03-003451 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-003451 Visitors: 24
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.
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.
Sep. 22, 2003 Letter to P. Shelton from M. Blasewitz summarizing meeting of August 6, 2001 filed.
Sep. 22, 2003 Administrative Complaint filed.
Sep. 22, 2003 Request for Administrative Hearing filed.
Sep. 22, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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