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ORANGE COUNTY SCHOOL BOARD vs PAUL ATHERTON, 06-000763 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000763 Visitors: 29
Petitioner: ORANGE COUNTY SCHOOL BOARD
Respondent: PAUL ATHERTON
Judges: ROBERT S. COHEN
Agency: County School Boards
Locations: Orlando, Florida
Filed: Mar. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 21, 2006.

Latest Update: Jan. 10, 2025
a SCHOOL BOARD OF ORANGE COUNTY, ~ Oy, op, FLORIDA, BY AND THROUGH ITS . Onis, “, SUPERINTENDENT, RONALD BLOCKER, BUS LN "49 Wir, Petitioner Og Neg Vs. Paul Atherton Respondent O (o- oT (e 2, ADMINISTRATIVE COMPLAINT . RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the " School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files this Administrative Complaint against Paul Atherton (hereinafter referred to as “Respondent’). ; Petitioner seeks the severance of Respondent's professional services contract with Petitioner pursuant to Section 104 2.33, Florida Statutes. The Petitioner alleges: 4. The Respondent, at all times material to this Complaint, was employed by | the Petitioner as a classroom teacher by the Petitioner. 2. The Respondent holds 4 professional services contract of employment with the School Board of Orange County, Florida. 3. That on or about November 3, 2005, the Respondent asked another teacher at his school of employment if there was anything she could do to help concerning a discipline referral issued to a female student. The female student was the sister of.a former student the Respondent had asked to marry him. The teacher thought the Respondent was asking for the student's discipline consequences to be removed. Attached hereto and incorporated herein by reference as Exhibit “A” is a copy of a teacher's statement. 4, That on or about November 7, 2005, several students were interviewed. It was discovered that the Respondent had a relationship with a former female student and that the former Student was absent for a period of twenty days while assigned to the Respondent's class. In violation of School Board Pollcy, the Respondent issued the student a letter grade of “B". Several students and staff members reported that the Respondent spoke frequently during class about his relationship with a former female student. In addition, the Respondent made several statements to students of things he had done while he had been an agent for the government. These statements include: : ‘ ¢ That he was.afraid for the safety of his former student's sister in’ _ -Columbia because he had made enemies there. ¢ That he had taken one hundred million dollars from drug lords while he was a government agent. + That the CIA placed a body in a coffin to make It look like the Respondent. ¢ That he had changed his name several times. ¢. That students are complaining of receiving “F” grades. ¢ That he could have anybody killed if he wanted. ¢ That his family thought he was dead for two years. Attached hereto and incorporated herein by reference as Exhibit “B” are ' copies of teacher and student’s statements. That on or about November 21, 2005, the Respondent attended a predetermination meeting and acknowledged that the student had been absent excessively, that he had knowledge that the student was golng to marry a drug lord from Columbla for the sum of 8,000.00 dollars, that he asked the former female student to marry him instead so that she could become eligible for college money, and that he would also. receive a tax break from the marriage. The Respondent did not produce any explanation for providing the female student with a passing grade although the student did not meet the criteria for such grade. Attached hereto and incorporated herein by reference as Exhibit “C” is a copy of the grade report criteria and the student's grades and attendance. 7. That on or about November 22, 2005, the Respondent asked a teacher to lie regarding a professional matter. Specifically, he requested her to tell the school administration that she had a relationship with the Respondent for three years and that they Intended to get married. The teacher reported the incident to the principal. Attached hereto and incorporated herein by reference, as Exhibit “B’ is a copy of the teacher's statement. 8. That on or about November 22, 2005, the Respondent told a teacher that he came up with an Idea of asking a male friend to admit they were a gay couple so that no one would suspect him of having an inappropriate relationship with a student. Attached hereto and incorporated herein by reference, as Exhibit “B" are copies of the teacher and student's statements. 9. Such actions by the Respondent are in violation of School Board Policies and consiltute misconduct in office, willful neglect of duty, gross insubordination, conduct unbecoming a public employee, and a breach of Respondent's employment agreement with the School Board. 10. Said violations are sufficient grounds to sever the professional services ‘contract status of Respondent, Paul Atherton, 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 Atherton. ~ Dated this tb day of February, 2006. Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407)317-3441

Docket for Case No: 06-000763
Issue Date Proceedings
Apr. 21, 2006 Order Closing File. CASE CLOSED.
Apr. 21, 2006 Notice of Voluntary Dismissal with Prejudice filed.
Mar. 17, 2006 Respondent`s Notice of Serving Interrogatories filed.
Mar. 10, 2006 Amended Notice of Hearing (hearing set for April 27 and 28, 2006; 10:00 a.m.; Orlando, FL; amended as to Date).
Mar. 09, 2006 Petitioner`s Response to Initial Order filed.
Mar. 09, 2006 Order of Pre-hearing Instructions.
Mar. 09, 2006 Notice of Hearing (hearing set for April 24 and 25, 2006; 10:00 a.m.; Orlando, FL).
Mar. 08, 2006 Respondent`s Status Report filed.
Mar. 08, 2006 Notice of Appearance (filed by E. Swanson).
Mar. 08, 2006 Notice of Unavailability for Final Hearing filed.
Mar. 02, 2006 Initial Order.
Mar. 02, 2006 Administrative Complaint filed.
Mar. 02, 2006 Notice of Appearance, Request for Due Process Hearing.
Mar. 02, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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