5/7/2685 8:82 95446384168 May 9 2005 13:42 WHITELOCK AND ASSOC PAGE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA DR. FRANK TILL, Superintendent of Schools, Broward County, Petitioner, vs. CHRISTOPHER KNOX, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Frank Till, as Superintendent of Schools of Broward County, Florida, files this Administrative Complaint pursuant to Division of Administrative Hearings (DOAH) Rule 60Q- 7.004 and 28-5.201, Rules of Administrative Commission, and states the following: L_JURISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida, which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2. Petitioner is the Superintendent of Schools for Broward County, Florida. 3. Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County School Board. 4, Respondent, Christopher Knox (“Knox”), who was employed as a teacher at Forest Glen Middle School, pursuant to a Professional Services Contract and currently holds Florida educational certificate no: 592594, Ad B5/07/ 2085 88:82 96446364146 May 9 2005 13:42 5. The Respondent’s last known address is: 3700 Terrapin Lane #303, Coral Springs, FL 33067. IL. MATERIAL ALLEGATIONS 6. That on November 23, 2004, the school administration discovered that Mr. Knox had appeared in the classroom while in an intoxicated state. The Assistant Principal observed Knox on different occasions and noted an odor of alcohol. His skin was flushed, his eyes were glossy and he appeared to be jittery and darting around the classroom. Knox was observed to be drinking from a large insulated coffee mug. He placed the mug down and left the room, after the lesson with his students were completed. The AP retrieved the mug which had a strong odor of an alcohol beverage, Knox later admitted that he had put a shot of rum into his coffee mug. 7. Knox was requested to undergo a breathalyzer test which resulted in a 0.00 BAC. A urine sample was taken and later sampled. The test results were positive for marijuana. 8. Knox admitted that he had placed a shot of rum in his drink and drank it on campus with the students present. He also admitted consuming beer the preceding evening and had smoked marijuana. 9. That the School Board and Knox entered into a Disciplinary Action Agreement and General Release, a copy of which is attached hereto and incorporated by reference as Exhibit “A”. The Agreement imposed a reprimand; a ten (10) day suspension and a two (2) year period ofrandom drug/alcohol testing conducted by the School Board. The Agreement provided, in part, __failure to satisfactorily pass a random drug/aleohol test given pursuant to this Agreement will subject Knox to further disciplinary action up to and including termination of employment pursuant to School Board Policy and Procedures. WHITELOCK AND ASSOC PAGE As May 9 2005 13:43 BS/a7/ 2085 Gea 95446384168 WHITELOCK AND ASSOC PAGE &6 10. That on January 18, 2005, the Disciplinary Agreement was approved by the School District. On January 25,2005, Knox, in accordance with the Disciplinary Agreement, was subjected to amandatory random drug/alcohol test. Knox underwent a breathalyzer test which recorded a .27 and .21 BAC. 11. On February 4, 2005, a notice was provided to Knox advising him of his breach of the Agreement and permitted him to provide any information on or before January 31" that should be considered prior to a final agency decision by the School Board. 12. OnMarch 1, 2005, the School Board approved Knox’s recommended termination by the Petitioner. 1,_ BREACH OF DISCIPLINARY AGREEMENT 13. Respondent has violated the provisions of the Disciplinary Action Agreement dated December 20, 2004 and has failed to satisfactorily pass the random drug/alcohol test which subjects Knox to further disciplinary action up to and including termination of employment. This act violates the School Board’s policies and regulations regarding use of alcohol on campus and while teaching students. 2. IMMORALITY 14, Respondent has violated Florida Statutes §§ 1012.36(1)(a) and 1012.33(1)(a) and Rule 6B-4.009(2) of the Florida Administrative Code. Respondent’s acts constitute acts of immorality, that is, conduct inconsistent with the standards of public conscience and good morals. Respondent’s conduct is sufficiently notorious to bring Respondent and/ot the educational profession into public disgrace or disrespect, and impair Respendent’s service in the community. May 9 2005 13:43 BS/a7/ 2085 Gea 95446384168 WHITELOCK AND ASSOC PAGE &? 3, MISCONDUCT IN OFFICE 15. Respondent has violated Florida Statute § 1012.33(1)(a) and Rule 6B-4.009(3) of the Florida Administrative Code. Respondent’s actions constitute misconduct in office through violation of the Principles of Professional Conduct for the Education Profession in the State of Florida and the Standards of Competent Professional Performance for the Education Profession in the State of Florida, to wit: (3) Obligation to the student requires that the individual: (a) shall make a reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety. ) (@ shall maintain honesty in all professional dealings. 4, ETHICAL REQUIREMENTS 16. Respondent has violated Florida Statute 1012.33(1)(a) and Rule 6B-1.001(3) of the Florida Administrative Code, Respondent is aware of the importance of maintaining the respect and confidence of ones colleagues, of students, of parents and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct. The Respondent’s actions fail to comport with this ethical requirement. 5, GROSS SUBORDINATION/WILFUL NEGLECT 17. Respondent has violated Florida Statute 101 2.33(1)(a) and Rule 6B-4.009(4) of the Florida Administrative Code. The Respondent’s actions constitute an act of gross subordination or willful neglect of duties in that the Respondent intentionally refused to obey a direct order, reasonable in nature and given by and with proper authority. May 9 2005 13:43 5/87/2885 Ga: a2 95446384168 WHITELOCK AND ASSOC PAGE 6. DRUNKENNES 18. Respondent has violated Florida Statute 1012.33(1)(a) and Rule 6B-4.009(5) of the Florida Administrative Code in that he was in the condition which exists when an individual publically is under the influence of any alcoholic beverages or drugs to the extent that his or her normal facilities are impaired. 7, MORAL TURPITUDE 19, Respondent has violated Florida Statute 1012.33(1)(a) and Rule 6B-4.009(6) of the Florida Administrative Code. Respondent's acts constitute acts of moral turpitude, that is, acts of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a person owes to his fellow human or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude. 90. This Administrative Complaint is brought pursuant to the authority outlined in Florida Statutes §§ 1012.33; 1012.36 and Chapters 6B-1 and 6B-4 of the Florida Administrative Code and the appropriate bill or rules. Il. DEMAND FOR RELIEF WHEREFORE, based. upon the foregoing, Petitioner, Dr. Frank Till, Superintendent of Schools, recommends that the School Board, subsequent to providing the requisite notice, terminate the Respondent, Christopher Knox, from his employment with the Broward County School Board, based upon the foregoing facts and legal authority. May 9 2005 13:43 85/87/2885 68:82 95446384168 WHITELOCK AND ASSOC PAGE &9 EXECUTED on this isda of Pose , 2005. CS FT, HARLES T. WHITELOCK, ESQ. Whitelock & Associates, P.A. Counsel to Superintendent Florida Bar No.; 166020 300 Southeast Thirteenth Street Fort Lauderdale, FL 33316 (954) 463-2001 Fax: (954) 463-0410 CERTIFICATE OF SERVICE LHEREBY CERTIFY that a true and correct copy of the foregoing was furnished via U.S Mail to: Robert F. McKee, Esq,, Kelly & McKee, P.A., 1718 E. 7 Avenue, Suite 301, P.O. Box 75638, Tampa, FL 33675-0638 and Edward Marko, General Counsel for the School Board of Broward County, 600 S.E. 3% Avenue, | 1" Floor, Ft. Lauderdale, FL 33301, this @F day of May, 2005. TARLES T. WHITELOCK

Docket for Case No: 05-001255