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ALACHUA COUNTY SCHOOL BOARD vs TERENCE G. POLLARD, 07-004794 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004794 Visitors: 7
Petitioner: ALACHUA COUNTY SCHOOL BOARD
Respondent: TERENCE G. POLLARD
Judges: BARBARA J. STAROS
Agency: County School Boards
Locations: Gainesville, Florida
Filed: Oct. 22, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 14, 2008.

Latest Update: Jun. 19, 2024
Oct 22 2007 3:16 FROM :Staff Attorney FAX NO, +352 955 7595 Oct. 22 2687 BE012AM PS BEFORE THE SCHOOL. BOARD OF ALACHUA COUNTY, FLORIDA W. DANIEL BOYD, JR., as Superintendent of Schools, Petitioner, File No.: E-0708-01 V8. TERRANCE POLLARD, Respondent. / ADMINISTRATIVE COMPLAINT Pursuant to Rule 28-106.2015, F.A.C., the Petitioner, W. Daniel Boyd, Jr., as Superintendent of Schools, files this Administrative Complaint against the Respondent, Terrance Pollard. The Petitioner seeks termination of the Respondent's employment pursuant to sections 1012.22 and 1012.67, Florida Statutes, and School Board Policy 4431.01. The Patitioner alleges: Jurisdiction 1. The Petitioner is the Superintendent of Schools for The School Board of Alachua County, Florida, and is responsible for directing the work of the district employees under section 1012.27, Florida Statutes. 2. The Respondent is employed by the Petitioner as an activity leader with the district's Extended Day Enrichment Program. Material Allegations 1. On August 22, 2007, the Respondent was arrested for felony Medicaid fraud and was subsequently incarcerated until on or about September 21, 2007. Oct 22 2007 3:16 FROM :Staff Attorney FAX NO, :352 955 7393 Oct. 22 2687 88:12AM Pe 2. From August 23, through September 21, 2007, the Respondent neither reported to work nor applied for leave. He did not make any contact with his supervisor during that time. Hé was absent from work without leave for a total of 21 days. 3. This was the Respondent's second such absence from work without leave. In April, 2006, the Respondent missed work due to an arrest and subsequent incarceration and was absent without leave for a total of 17 days. At that time the District Employee Relations Manager directed the Respondent that he is required to be at work regularly unless he has leave approved for any time of absence. Statute and Rule Violations Respondent has violated section 1012.67, Florida Statutes, in that he was absent from work without leave, and is therefore subject to dismissal from employment. Respondent is subject to The Code of Ethics of the Education Profession in Florida, Rule 6B-1.001, F.A.C., and The Principles of Professional Conduct for the Education Profession in Florida, Rule 6B-1.006, F.A.C., pursuant to School Board Policy 4210, Code of Ethics. Respondent has violated The Code of Ethics of the Education Profession in Florida, Rule 6B-1.001(2), F.A.C., in that the Respondent has failed to exercise the best professional judgment and integrity. Respondent has violated The Code of Ethics of the Education Profession in Florida, Rule 6B-1.001(3), F.A.C., in that the Respondent has failed to strive to achieve the highest degree of ethical conduct. Respondent has violated The Principles of Professional Conduct of the Education Profession in Florida, Rule 6B-1.006(5)(a), F.A.C., in that the Respondent has failed to maintain honesty in all professional dealings. Oct 22 2007 3:16 FROM :Staff Attorney FAX NO, +352 955 7595 Oct. 22 2687 BE012AM Pr The Respondent has violated Schoo! Board Policy 4431.01, Absence Without Leave, and is therefore subject to dismissal from employment. The foregoing violations by the Respondent constitute misconduct in office and gross insubordination, and are good cause for termination of the Respondent's employment. WHEREFORE, the Petitioner recommends that The School Board of Alachua County, Florida, enter a final order terminating the Respondent's employment, for the reasons set forth herein, in accordance with section 1012,22(f), Florida Statutes, and Board Policy 4434.01. EXECUTED on this ge day of Wa 2007. OW. Daniel Boyd, Jr., hig) Superintendent of Scho: Notice of Right to Hearing The Respondent has a right to request a hearing on the charges herein, to be conducted according to sections 120.569 and 120.57, Florida Statutes, and to be represented by counsel or other qualified representative. If the Respondent wishes to contest the charges, the Respondent must submit a written request for hearing to the Petitioner, W. Daniel Boyd, Jr., Superintendent, 620 East University Avenue, Gainesville, FL 32601, within twenty-one (21) days from receipt of this complaint. A request for hearing shall include: 1. The name, address, and telephone number and facsimile number (if any) of the Respondent. Oct 22 200° 3:17 FROM :Staff Attorney FAs NO. :352 955 7598 Oct. 22 2667 BE:135AM Pe 2. The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings or other papers shall be made. 3. A statement requesting an administrative hearing, identifying those material facts that are in dispute. If there are none, the request must so indicate. 4. A statement of when the Respondent received notice of the administrative complaint. 5. A statement including the file number to the administrative complaint.

Docket for Case No: 07-004794
Source:  Florida - Division of Administrative Hearings

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