. Sep 26 2007 13:27 07-09-26 13:24 >> 8509216847 P 7/11 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES NOTTER, [nterin Superintendent of Schouls . Petiligner, vy, SUDITU RICHKA. Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, James Notter, as Interim Superintendent of Schools, files this Administrative Complaint pursuant to Section 1001.51, 1012.27(5) and 1012.33, Florida Statules and Chapter 120, Florida Statutes, repealed, and stales the following: LJURISDICTI LBASI l. ‘The agency is the School Board of Broward County, Florida, which 1s located at 600 Southeast [hird Avenue, Kort lauderdale, Broward County, Vlorida 33.301, 2 Petitioner is the Interim Superintendent of Schoals for Broward County, Florida. 3. Petitioner as statutorily obligated ty recommend the placement of school personnel and t) require compliance and observance with all laws, rules and reguiations. letivoncr is authorized to report and enforce any viulation thereof, together with recom mending the appropriate disciplinary action against any instructional personnel employed by the Broward County School Woard, 4. Respondent, Judith Richka ("Richka”), was employed, at all times material herein, by Lhe School Hoard of Broward County, Florida asa teacher ut Stirling L:lementary School, : Sep 26 2007 13:27 0007-09-26 13:24 >> 8509216847 P 8/11 pursuant to a Professional Services Contract, and currently hulds lnrida educational cerlificale no: 532963 11, MATERIAL ALLEGATIONS 5 On September 15, 2004, the Respondent reecived a Letter of Reprimand in SIU Case Number: 265, regarding her harassment of another teacher, Subsequently, on Qclober 12, 2005, the Respondent was the subject of another invesngation, SIU Case Number: 297. As a result thereof, Respondent was suspended for a period of three (3) days for sexual harassment of'another em ployee which included grabbing the buttycks and breasts of the employee. 4. On February 23, 2007, a parent way having a conference with ber daughter’s first prade teacher, She was accompanied by her son, H.I'., age five (5) years old, who also attended the school ‘The Respondent walked up and began speaking with ILM. ‘The Respondent asked {1.F. if she could do something “cool” with his head. ILF.°s mother overheard (he comment and immediately informed Respondent. “No, don’t touch his head...he's had surgerics on his eyes.” The Respondent replied that it wouldn't hurt and she knows what she is doing. 11.b.’s mother again, tn a polite lone, instructed Respondent not tw touch her son 7 The Respundent stated “don't worry, it won't hurl” or words lo that effect und belore H.F.’s mother could respond, the Respondent put her hand on each side of 1.F.'s head and lifted him into the air and approximately a foot off the ground, ‘The Respondent, apparently linding (his amusing, inquired if she could repeat it again to which H.F."s mother stated no, and grabbed and held her son close to her to prevent any further contact with the Respondent. ‘The Respundent stated to H E.'s nmnther not to worry (about any injuries ta the child), since she had Jeamed this trick from the CITCUS, Sep 26 200? 13:27 1007-09-26 13:24 >> 8509216847 P Ost g. As avesult ol the Respondent's acuians, the child became frighlencd of Respondent, experienced nightmares and was [earful of returning 0 school. 4 fhe Respondent was given a directive by her Principal on February 23, 2007 not to hive any contact with the child or his parents. The Respondent's representative, who was preseat ul the lume, reminded Respondent that the adminisiration was giving her a directive, and it was in her hest interest to follow that directive. [he Respundent verhally agreed to do so. 10. | However, notwithstanding the No Contact directive and her verbal agreement to refrain from any contact, the Respondent disubeyed the direclive from her Principal and atlempied to speak with HE. and his mother as they were departing the school. HF. became apprehensive and exhibited signs of fear and grabbed his mother by the waist to avoid any lurther contact with the Respondent. 11. As a result of the Respondent’s actions, the child became Irighiened of the Respondent, was (carful of attending of returning lo school and had experienced nightmares and other similar experiences, L_IMMORALITY 42 Respondent has violated Fla. Stat. §§ 1012.36(1)(a) and 1012.33(1 (a) and Rule 413- 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 notarious to bring Respondent and/or the educational profession into public disgrace or disrespect. and impair Respondent's service in the community. 2, MISCONDUCT IN OFFICE 13. Respondent has violated Mla. Stat. § 1012.33(1)(a) and Rule 6B-4.009(3). Respondent’s actions constitute misconduct in office through violation of the Cade of bthies a! the Sep 26 200? 13:27 2007-09-26 13:24 >> 8509216847 Educational Profession as adopted in Rule 68-1.001 FAC, and of the Principles of Professional Conduct for the Education Profession in the State of Florida as adopted in Rule 6H-1.006 FAC, tu wit: (1) Obligation tu the student requires that the individual: (a) shall make a reasonable effort to protect the student from conditions hurmful to ‘learning and/or to the student's mental and/or physical health and/or safety. (b) shall not unreasonably restrain a student from independent action in pursuit of learning. (c) shall not mtentionally expose a student to unnecessary cmburrassment or disparagement, (d) shall nat intentionally violate or deny student's legal rights ‘ (e) shall not exploit a relationship with a student for personal gain or advantage. (2) (a) shall (ake reasonable precaution to distinguish bel ween personnel views and (house of any cducational institution or organization. 3, GROSS INSUBORDINATION 14, Respondent has violated Fla. Stat, § 1012.33(1)(a) and Rule 613-4.009(4) of the "Florida Administrative Code. Respondent's acts constitute willful neglect of duties as defined a» a CONStANL Or Continuing intentional refitsal to obey a direct order, scasonable in nature, and given hy and with proper authurily. . 4. MORAJ, TURPITUDE 15. Respondent has violated Fla, Stat. § 1012.33(1)(a) and Rule 6B-4.09(6) of the Florida Administrative Code. Respondent's acts cunstilute acts of moral turpitude, that is, acts of P 10/11 Sep 26 200? 13:28 007-09-26 13:24 >> 8509216847 P 141/11 haseness, vileness or depravity in the private and sacial duties, which, according to the accepted standards of the lime, a person owes to his fellow humiun or to society in general, and the doing of the act. uself'and not its prohibition by statute fixes the moral turpitude, 16. This Administrative Complaint is hrough! pursuant to the authority outlined in Fla, Stat. §§ 120 $7; 1001.42, 1012.22: 196.07; 1006.28; 1006.21; 1001.50; 1001.49: 1001.51; 1012.27; 1006.08; 10112.33(1)(a) and Chapters 6B-1 and 6B-4 of the Florida Administrative Code and the appropriate bill or rules i, DEMAND FOR RELIEF WHEREFORE, based upon the foreguing, Petitioner, James Notler, as Interim Superintendent at Schools, recommends that the School Buurd, subsequent to providing the vequisile notice, dismiss the Respondent, Judith Richka, from her employment based upon the foregning facts and legal authorily. Petitioner further, recommends the immediate suspension of Respondent without further pay or benefits in the event the Respondent should challenge the school buard’s recommendation of the termination af her employment, EXECUTED ths _/ day ol gury 2007. Lobo “SNOTTER | ¥ Alerin Superintendent of Schools, Broward County

Docket for Case No: 07-004434TTS