Jun 16 200? 11:39 1007-06-16 11:57 >> 8509216847 P 7/12 THE SCHOOL BOARD OF BROWARD COUNTY. FLORIDA JAMES FP. NO'TTER. Interim Superintendent of Schools, Petitioner, PETITION FOR FORMAL PROCEEDINGS vy. SCOTT ADEI.MAN, . Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jamcs F. Notter, Interim Superintendent of Schools of Broward County. Florida, through his undersigned counsel, Law Offices of Carmen Rodriguez, P.A., files this Administrative Complaint, pursuant to Chapters 120, 1001, and 1012 of the Florida Statutes, as well as Chapters 6B-1 and 6B-4 of the Florida Administrative Code, and states the following: |. Jurisdictional Basis A. The agency is the School Board of Broward County, Florida, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. B. ‘The Petitioner is James F. Nottcr, who is the Interim Superintendent of Schools of Broward County, Florida. C. The Petitioner is statutorily obligated to recommend the placement ol’ school personnel and to require compliance and observance with all Jaws, rules, and regulations. Any violation thercof shall be reported with the appropriate disciplinary action against any school personnel failing to comply therewith, inclusive of the 007-06-16 11:57 m Jun 16 2007 11:39 >> 8509216847 Respondent, Scott Adelman. The Respondent, Scott Adelman, is an employee of the Broward County School Board and is currently employed as a teacher at Coconut Creck High School. The last known address of the Respondent, Scott. Adelman, is 5520 Lakeside Drive #104, Margate, Florida 33063. Il. Specific Charges The Petitioner, James F. Notter, alleges as follows: A. Respondent, Scott Adelman, engaged in inappropriate physical contact with students on several occasions. Mr. Adelman's conduct, includes pushing and/or striking students and/or touching students in a physically aggressive or threatening manner. On October 13, 2006, the band had participated in spirit week activities, including a parade and a pep rally. After the pep rally, the band students wanted uccess to the band reom prior t marching practice. Mr. Adelman rcfused to allow the students into the band room, including those needing their things to go home. J.C. needed to yet into the band room to get her things as she was not going lo attend the game that night. When Mr. Adelman Ict the colorguard in, a door was left open and J.C, as well as several other students, tried to enter the band room. Mr, Adclmun threatened to physically remove anyone who entered the band room, and when he saw J.C. about to enter, he ran to the door and slammed it shut. Mr. Adetman screamed for J.C. to gel oul of his face, to which she replied that she was not in his face and backed up as much as she could. As J.C. tried to enter the band room, Mr. Adelman pushed her away and inty another student, M.S., who caught her. Mr. Adelman then hit J.C. with P 8/12 1007-06-16 11:57 Jun 16 2007 11:39 >> 8509216847 a closed fist to her upper right breast area and then pushed her again. J.C. then slapped Mr. Adelman prior to being removed by anuther student, E.L.. On October 13, 2006, another incident with a student, J.T., occurred. Mr. Adelman attempted to kick her and then pushed her on her chest when she tried lo enter the band room. ‘he students told Mr, Adelman that they were thirsly and dehydrated and needed {o enter the band room for a drink and to coo! all Approximately one week after the October 13, 2006 incident, a student, M.L.. was in an altercation with Mr. Adelman. While at marching practice, Mr. Adelman began yelling at him to get off of the field. Mr. Adclman threatened: “Don’t make me physically remove you from this field.” As MLL. tried ta explain why he was out of place, Mr. Adelman pushed M.L. backwards. A Band Parent Association member pulled M.L. away from the field. Mr. Adelman was also the cause of another student being hurt during a pep rally. D.C. blew his instrument while students in the stands yelled when the 2009 class was called. Mr. Adelman came up and pulled the instrument out of D.C."s mouth. D.C., who was still trying to play, accidentally pulled the instrument hack and it hit him in the mouth causing him pain and bleeding. Mr. Adelman also admits 10 having slammed (he cover to the piano keys on student R.C."s fingers as he was playing, causing blood marks to appcar on his fingers. Mr. Adelman made threats repeatedly ayainst the sludents, including threats of physical violence. Mr. Adelman was heard telling students he would “physically remove them” from areas where he did not want them, and he also made threats that P 9/12 Jun 16 200? 11:40 007-06-16 11:57 >> 8509216847 P 10/12 he would stick his “size nine shoc up your ass.” On October 11, 2006, J.C.’s cell phone captured Mr. Adelman saying “I am ready to put my fingers around someonc’s neck and choke someone right now.” G. Mr. Adelman also used: inappropriate language around the students. One student, R.K.G., reported Mr. Adelman to administration for yelling “This isn't a fucking playground,” when students were unruly in the band room. Other students report that he often uses profane language, including the words “fuck,” “shit,” and “ass.” H. Mr. Adelman admits to using profanc and imappropriate language. He also admits to teaching students how to breathe by doing a technique that resembles being hit in the stomach. When Mr. Adelman performed this on students he admits they regarded it as being hit in the stomach. J. On January 10, 2007, Mr. Adelman was again advised to ccase his unapproved contact with the school and that his continuous disregard of this dircctive constituted gross insubordination. Upon commencement of this investigatian on October 25, 2006, Mr. Adelman was advised he was not to engage in any conversation with anyone at the school unless directed to do so. Mr. Adelman has violated this directive numerous times resulting in the cancellation of his CAB account, and a revised investigation request sent on January 10, 2007 citing that Mr, Adelman had previously been reprimanded by the investigator, Ms. Anderson and Dr. Melita, the Executive Director of SIU. Mr. Adelman had also been told by Mr. Butler, the interim Principal. about ccasing eontact with the school. Mr. Adelman advised in return that he would continue. 1007-06-16 14:57 Jun 16 200? 11:40 >> 8509216847 On April 4, 2007 Mr. Adelman pled no contest to simple baltery based on a criminal Miling in the case ot student J.C. Thal just cause exists for the requested relief, pursuant to Fla. Stat. §1012.33(1)(a) and §1012.33(4)(c), the Respondent's employment contract. School Board rules and regulations, and the Employee Disciplinary Guidelines promulyated by the School Board, including but uot limited to the following: 1) 2) Misconduct in the Office: The Respondent, through his above-described conduct, has violated §1012.33(1)(a) and §1012.33(4)(c) Fla. Stat., and Rule 6B-4.009(3) of the I'lorida Administrative Code (“FAC”), and his actions constitute misconduct in the office through violation of various provisions of the Code of Lthies of the Lducutianal Profession, Rule 63- 1.006 Florida Administrative Code. Gross Insubordination: The Respondent, through the above-described conduct, violated §1012.33(1)(a) and §1012.33(4)(c) Fla. Stat. and Rule 6B-4.009(4) of the FAC. WHEREFORE, based upon the forcgoing, the Petitioner, James F. Notter, Interim Superintendent of Schouls, recommends that the Schoo] Board, subsequent tv providing requisite notice, dismiss the Respondent, Scott Adelman, from his employment as an instructional employee based upon the foregoing facts and legal authority, P 11/12 Jun 16 200? 11:40 Q07-06-16-17:57° 5° >> 8509216847 P 12/12 Dated: May j7, 2007 / AAnterim Superintendent of Schools, ‘” Broward County, Florida

Docket for Case No: 07-002708TTS