04-5 BEFORE THE SCHOOL BOARD 2069 ogy 2 OF ALACHUA COUNTY, FLORIDA . An, 0% Ul yee A Obi OH Of HEA RIRAT) W. DANIEL BOYD, JR., 4 Ris S VE as Superintendent of Schools, "s Petitioner, File No.: E-0910-02 vs. ELLIOT ADAMS, 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, Elliot Adams. The Petitioner seeks termination of the Respondent’s professional service contract of employment pursuant to section 1012.33(1) and (6)(a), Florida Statutes, The Petitioner alleges: Jurisdiction 1. The Respondent is a teacher who is employed by The School Board of Alachua County, Florida, under a professional service contract. Material Allegations 2. The Respondent teaches a first grade class at Duval Elementary School, 2106 N.E. 8" Avenue, Gainesville, Florida 32641. He has approximately 17 students in his class. The students are six to seven years of age. 3. During the morning of Thursday, May 29, 2009, R.M., a female student in the Respondent’s class, interrupted the class and behaved in a way that was contrary to the Respondent’s directions. As a consequence for her behavior, the Respondent asked R.M. to go to the front of the room and flip a card on the behavior management system chart, changing the color from blue to yellow and indicating unsatisfactory behavior. 4. RM. walked to the front of the room and flipped the card. After that, R.M. fell to the floor. 5. As R.M. was getting up, the Respondent pushed her back to the floor, then physically pushed or dragged her out of the classroom. R.M. struck the doorframe of the classroom as she passed through it. 6. R.M. was treated by the school nurse for an abrasion on the right side of her face. 7. On the same day, the Respondent also led or pushed a male student, C.D., out of the classroom. C.D. also struck the doorframe as he passed through it. 8. During the 2008-09 school year, the Respondent would sometimes use a “child lock” on student R.M. and other students who misbehaved, which involved taking a student by the wrist and squeezing or twisting. 9. During the 2008-09 school year, the Respondent would sometimes grab and squeeze the chins of students who talked too much. 10. During the 2008-09 school year, the Respondent would sometimes discipline students by using physical force to remove them from the classroom and lock them outside the classroom, without supervision, despite having been warned by the principal and the behavior resource teacher that such removals were improper. Statute Violations Count 1: The Respondent is in violation of section 1012.33(6)(b), Florida Statutes, in that Respondent has been guilty of misconduct in office and gross insubordination. Count 2: The Respondent is in violation of section 1012.796(1)(d), Florida Statutes, in that Respondent as been guilty of misconduct that affects the health, safety or welfare of students. Sy Rule Violations Count 3: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and 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. Count 4: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and 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, Count 5: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Principles of Professional Conduct of the Education Profession in Florida, Rule 6B-1.006(3)(a), F.A.C., in that the Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. Count 6: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Principles of Professional Conduct of the Education Profession in Florida, Rule 6B-1 -006(3)(e), F.A.C., in that the Respondent intentionally exposed a student to unnecessary embarrassment or disparagement. Count 7: The allegations of misconduct set forth herein are in violation of Board Policy 3213, Student Supervision and Welfare, in that the Respondent has failed to maintain a standard of care for the supervision, control and protection of students commensurate with his assigned duties and responsibilities, Count 8: The allegations of misconduct set forth herein are in violation of Board Policy 5630, Corporal Punishment, in that the Respondent has used physical force to maintain discipline and enforce school rules. ’ The foregoing violations by the Respondent constitute misconduct in office, gross insubordination, poor judgment and conduct unbecoming a teacher, and are just 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 professional service contract of employment, for the reasons set forth herein, in accordance with section 1012.33(1)(a) and (6)(a), Florida Statutes. EXECUTED on this 27 day of September, 2009. W. Daniel Boyd, Jr., Superintendent of Schools Notice of Right to Hearing The Respondent has a right to request a hearing on the charges, 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 within fifteen (15) days from receipt of this complaint,

Docket for Case No: 09-005805TTS