SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, 04-349T Petitioner vs. Kerry Price, Respondent 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 Kerry Price (hereinafter referred to as “Respondent'’). Petitioner seeks the severance of Respondent's Professional Services Contract with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: : 1. The Respondent, at all times material to this Complaint, was employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. The Respondent holds a Professional Services Contract of employment with the School Board of Orange County, Florida. That Respondent engaged in conduct with a student that violated the Principles of Professional Conduct of the Education Profession in Florida and compromised his effectiveness as an educator. That in February 2009, a male student (C.R.) reported that on February 9, 2009, he was in the auditorium preparing to “host” the talent show being held that night. C.R. stated that the Respondent was also present and asked that he (C.R.) accompany him to check/lock the back rooms (behind the stage) so that people could not sneak in. According to C.R., when they reached the costume shop Respondent said they needed to retrieve some items needed for an upcoming production. C.R. stated that he entered the costume shop followed by the Respondent, who locked the door. C.R. advised that the Respondent approached him, pulled down his (C.R.'s) shorts and started to perform oral sex on him. C.R. reported that he was surprised by the act and did not know what to do while it was occurring (a few minutes). C.R. also submitted a sworn statement to law enforcement. (Attached hereto and incorporated herein as Attachment A are copies of student's statements.) That student C.R. advised that he had been acquainted with the Respondent for about four years, since he'd (C.R.) been attending Oak Ridge High School. He said that over that time Respondent gained his confidence as a “sort of mentor.” C.R advised that he often talked with Respondent about life and any problems he may have been experiencing. He advised that they were frequently in contact through text messages and telephone calls. According to student C.R. sometime after his eighteenth (18") birthday, he noticed a change in the way Respondent interacted with him. He described a previous situation in which he felt Respondent made inappropriate and suggestive comments to him. = On February 9, 2009, around second (2™) period. Student C.R. said that he was in Respondent's classroom and they went into Respondent's office where Respondent invited him to come over to his home to swim over the summer, “swimsuits optional.” According to C.R. he left school shortly after and told him mother about the comment (his mother confirmed this). C.R. reported that Respondent sent a text message asking where he was. A few minutes later, Respondent called C.R.’s mom. According to the mom's sworn statement to law enforcement, Respondent asked if he could tutor C.R. in English after school. (Attached hereto and incorporated herein as Attachment B is a copy of the mother's statement.) C.R. also advised that he received A's in Respondent's class and was student of the year last year though he hardly attended class and “didn’t do anything.” That on March 13, 2009, Respondent attended a predetermination meeting regarding the allegation. Respondent denied performing oral sex on the student. During the course of the meeting, he disclosed the following: He had been a mentor/confidant to student. For the 2008-2009 school year C.R. was in his class for third (37) and seventh (7") periods. Throughout the year, two (2) to three (3) times a week, he allowed C.R. to go in the back room and rest/sleep during first (1%), second (2™) and third (3) periods when C.R. should have been in class. C.R. is usually in his class during first (1 St) and (2") period rather than his assigned classes. C.R. also comes to his class if there is a substitute in one of his other classes. C.R. was making an A in seventh (7") period (Stagecraft). He had not given C.R. any grades for third (3%) period (Theatre) because C.R. had not completed any work and he was trying to give him every opportunity to get the work turned in. There were several students of the year for drama last year. He is aware that C.R. frequently left campus but he did not check to see if student had permission or was signed out properly. He was aware that student had some serious personal issues and might have been involved in self-destructive activities but he only made one referral to a SAFE Coordinator two years ago (though he was not certain). 10. 411. 12. That there have been two (2) prior allegations by students (January 2005 and September 2005) that Respondent touched them inappropriately (touched on the buttocks and “smacked on the buttocks,” respectively.) As a result of those allegations, he was directed both verbally and in writing not to touch students, except as absolutely necessary for educational, reasonable and/or lawful purposes. (Attached hereto and incorporated herein as Attachment C is a copy of the written directive issued December 8, 2005.) Respondent, Kerry Price, failed in his obligation to the student and the education profession and violated the legitimate expectations of professional conduct of a teacher so as to impair the effectiveness of service to the school district. Such actions are in violation of School Board Policies and _ constitute misconduct in office, willful neglect of duty, conduct unbecoming a public employee, and a breach of Respondent's employment agreement with the School Board. Said violations are sufficient grounds to sever the professional service contract of the Respondent. The Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional service contract relationship with the Respondent and terminate effective June 5, 2009, the employment of Respondent, Kerry Price, and authorize the General Counsel to assign counsel in this matter. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional service contract relationship with the Respondent and terminate effective June 5, 2009, the employment of Respondent, Dated this_12. day of May, 2009. bacher, Esq. 238597 Attorney: Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407)317-3411 ATTACHMENT A WITNESS ST i ( [4] I chose to make a statement. = Mame ( print): ober FE aie 2s 2T7- So | pre ee Oak ma LE ras E 4 The ovtid: fepeina pth The Ta fen? | Chgi~ he Stig ard Bebere_ charted ere | me and kerry 2m ce here - a ng The pack | Ces and Locking Tuer ve cane TO The | Coshme shop ie ‘ ceded z Get SO Thin¥S SUt Ph ere fer the g leg pau SCN’ cu he Leciced ee AB Poor and he GBF undo fA at t 1 el dark; eri one: [Jt Ett inadane Bee soeee fn se eds DL fe Other ID (Specify # and Type: I, Vetune~ Koseets do hereby voluntarily make the following statement without threat, coercion, offer of benefit or favor by any persons whomsoever. Gn Feb Cody Game hom end ‘Vise 2 that Me, ferce and told him tpecavse Summet® ws Laminar Coby toil t ove to bis hbevse anced swim nicl bathiay $ Wt ire 12 tkianed. L {Cod to Sie home and Cock Gil te clooes . BET than went be work . Within Gn hove ond a2 half me. Price Called me on my tell Phon Aging he want io tl lw me about Coe DL rebened le OAll to me. Peice anch he had Adurced me he wanle ture Cod gw his Enel tsé Lo Contined the Conveessbion ite me Price and pve Sak mopancn, le 4 a r@ech bh tb thenarset Gaol me. Carce made ~ List stolen items separately (with values) in body of statement.~ befauge Cad. as LAtras Total value of Property Stolen/Damaged Ss { will testify in court. | i will prosecute criminally. | have reviewed the Victims’ Rights package. Swom To and Subscribed Before Me This | Swear/Affirm the Above and/or Attached Statements are Correct and True. Personally Known O sonetwe Live. Wile Produced Identification O Deputy Sherif) Notary PublicO 7... wen. Arrest made? Yes No @ | Miranda warning read? | | ne Dayof_ os 20 FORMS & SUPPLIES UNLIMITED, INC. (407) 328-7777 Orange County . i F Sher oe ote, STATEMENT (Continuation) Page a of __. Case #: iweb he href Some m9 thek be f hel i Oho sMpae he yO 43 Orne Jhadk Wis can . - : Lig bo ann Waere was he I Swear/Afficm the Ahove and/or Attached Statements are Correct and ATTACHMENT C @®ak Midge High School Maxine E. Risper As, Principal 6000 Winegard Road fue Orlando, Florida 32809 (407) 852-3200 HAND DELIVERY Name: Mr. Kerry Price School: Oak Ridge High School Dear Mr. Kerry: Under certain circumstances it may become necessary to provide an employes with written clarification or guidance regarding the expectations of a district. Such letters are Teferred to as directives, and are not disciplinary in nature. . itis important to understand, however, that all employees are required to follow rules, procedures, policies, and direction of management. Should an employee fail to comply with the direction of management, it is possible that disciplinary action may result. Since directives are clarifications of expectations regarding future conduct or performance, they remain in force indefinitely. Gonsequently, you may attach a statement clarifying any concerns you want to be made a part of the record. At this time lam directing that: _ 1. Touching a student in a manner that serves no educational or lawful purpose may encourage the appearance of the use of force. For this reason, you must avoid touching students except as Is absolutely necessary (o effect a reasonable and lawful purpose. This does not relleve you of the responsibllity of protecting students who may be angaged in a potentially harmful activity. It doas mean that you must exercise care and professional judgment to avoid the appearance of the inappropriate use of physical intimidation. 2. Lexpect all employees to establish a safe, caring and nurturing environment conducive to learning and the physical and psychological weil being of students. 3. You are to conduct yourself in a professional manner at all times while interacting with students, staff and community Should you have any questions regarding my expectations, you are to come to me for further clarification. 1 trust that you understand the seriousness of this matter, and that it will not be necessary to address such concerns in the future. Sincerely, Mr, Nash Ms. (\ QU The quality of this image is equivalent to the quali Asst. Principal of the original document teh ile ate My altura indjcatées only that | have received a copy of this letter. It's Great to Be A Pioneer ... ‘Where The Best Get Better” ‘Orange County School Board is an equal opportunity agency’

Docket for Case No: 09-002925TTS

Issue Date	Proceedings
Sep. 22, 2009	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Sep. 21, 2009	Notice of Dismissal filed.
Sep. 10, 2009	Order (Respondent will not be physically present at the deposition but may participate by telephone communication with his attorney).
Sep. 09, 2009	CASE STATUS: Motion Hearing Held.
Sep. 09, 2009	Notice of Appearance (of J. Brown) filed.
Sep. 09, 2009	Second Amended Notice of Taking Video Deposition of Cody Roberts (corrected) filed.
Sep. 08, 2009	Amended Notice of Taking Deposition of Earnest Roberts filed.
Sep. 08, 2009	Amended Notice of Taking Deposition of Velina Robert filed.
Sep. 08, 2009	Second Amended Notice of Taking Taking Video Deposition of Cody Roberts filed.
Sep. 04, 2009	Notice of Taking Deposition of Principal Maxine Risper filed.
Sep. 04, 2009	Notice of Taking Deposition Duces Tecum of Custodian of Records filed.
Sep. 04, 2009	Notice of Taking Deposition Duces Tecum of Richard C. W. Hall, MD filed.
Sep. 04, 2009	Motion for Telephonic Hearing Regarding the Deposition of Cody Roberts Set on September 10, 2009 filed.
Sep. 03, 2009	Notice of Taking Deposition of Richard C. W. Hall, MD filed.
Sep. 03, 2009	Notice of Taking Deposition of Rivers Lewis filed.
Sep. 03, 2009	Notice of Taking Deposition of Earnest Roberts filed.
Sep. 03, 2009	Notice of Taking Deposition of Velina Roberts filed.
Sep. 03, 2009	Amended Notice of Taking Deposition of Cody Roberts filed.
Sep. 02, 2009	Notice of Taking Deposition of Cody Roberts filed.
Sep. 02, 2009	Notice of Take Deposition of Kerry Price filed.
Aug. 27, 2009	Order Granting Continuance and Re-scheduling Hearing (hearing set for September 29, 2009; 9:30 a.m.; Orlando, FL).
Aug. 26, 2009	Petitioner's Response to Respondent's Second Motion for Continuance of Final Hearing filed.
Aug. 21, 2009	Second Motion for Continuance of Final Hearing filed.
Aug. 19, 2009	Petitioner's Witness List filed.
Jul. 06, 2009	Order Granting Continuance and Re-scheduling Hearing (hearing set for September 11, 2009; 9:30 a.m.; Orlando, FL).
Jul. 06, 2009	Motion for Continuance of Final Hearing filed.
Jun. 24, 2009	Request for Subpoenas filed.
Jun. 18, 2009	Amended Notice of Hearing (hearing set for July 16, 2009; 9:30 a.m.; Orlando, FL; amended as to hearing location).
Jun. 17, 2009	Order of Pre-hearing Instructions.
Jun. 17, 2009	Notice of Hearing (hearing set for July 16, 2009; 9:30 a.m.; Orlando, FL).
Jun. 12, 2009	Joint Response to Initial Order filed.
Jun. 03, 2009	Order Granting Extension of Time (response to the Initial Order to be filed by June 12, 2009).
Jun. 03, 2009	Unopposed Motion for Extension of Time to Respond to Initial Order filed.
May 28, 2009	Initial Order.
May 28, 2009	Administrative Complaint filed.
May 28, 2009	Notice of Teacher Suspension without Pay/Termination filed.
May 28, 2009	Request for Administrative Hearing filed.
May 28, 2009	Agency referral