Petitioner: MANATEE COUNTY SCHOOL BOARD
Respondent: MARY P. LIPOSKY
Judges: SUSAN BELYEU KIRKLAND
Agency: County School Boards
Locations: Bradenton, Florida
Filed: Jun. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 20, 2010.
Latest Update: Dec. 24, 2024
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BEFORE THE SCHOOL BOARD
OF MANATEE COUNTY, FLORIDA
SCHOOL BOARD OF MANATEE
COUNTY, FLORIDA,
Petitioner/Employer,
vs. SBMC Case No. 10-0009
MARY P. LIPOSKY,
Respondent/Employee.
/
ADMINISTRATIVE COMPLAINT
Timothy McGonegal, as Superintendent of Schools, by and through his undersigned
counsel, hereby recommends the termination of employment of Respondent, Mary P. Liposky
(“Liposky”), effective May 25, 2010, and as grounds therefor states as follows:
FACTUAL ALLEGATIONS
Excessive Force against a Student
I. Liposky has been employed with the School District of Manatee County since
September 22, 2006. She is currently employed as a Teacher Aide at Daughtrey Elementary
School (“DES”).
2. On or about Monday, February 2, 2010, during the 2i* Century after School
Program in the DES cafeteria, Liposky grabbed elementary student TH. by one arm while he
was seated.
3. Liposky’s claimed purpose in engaging in physical contact with T.H. was to “move
him.”
4. At the time of Liposky’s physical contact with T.H., the student was not
presenting a substantial safety risk to himself or other students,
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5. At the time of Liposky’s physical contact with T.H., the student was not so
disruptive that physical intervention was reasonably required.
6. While physically engaging T.H., Liposky yelled at the student.
7. After physically engaging T.H., Liposky then pulled T.H. by one arm with enough
force to lift him off his seat.
8. A student witness described this contact as Liposky pulling T.H. up “real hard.”
9. Teacher Aide Marie Mueller (“Mueller”) attempted to intervene in Liposky’s use
of physical force against T.H., but was prevented from doing so by Liposky,
10. Liposky then pushed T.H. with both hands toward another table in the cafeteria.
HL. After Liposky’s physical engagement with T.H. ended, Liposky loudly and
aggressively told Mueller, “Don't you ever yell at me in the presence of children again.”
12. Liposky admitted intentionally making physical contact T.H, on the date in
question.
13. Liposky admitted that she confronted Mueller after her physical engagement of
T.H. because it was “not [Mueller’s] business.”
14. Liposky failed to make any attempt at non-physical corrective action with T.H.
Prior to the use of physical force.
15. The physical force used by Liposky in regard to elementary student T.H. was not
necessary to maintain a safe and orderly learning environment.
16. The physical force used by Liposky in regard to elementary student T.H. was
unreasonable under the circumstances, and was, therefore, excessive.
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Inappropriate Physical Contact with a Co-Worker
17, Ona date uncertain in December 2009, during the 2ist Century after Schoo!
Program at DES, Liposky and Mueller engaged in an argument.
18. During the argument, Liposky accused Mueller of, among other things, being
dishonest.
19, Mueller attempted to walk away from the argument to avoid further
confrontation.
20. in response, Liposiy intentionally grabbed Mueller’s arm.
21. Liposky grabbed Mueller’s arm in order to prevent her from leaving the
argument.
22. Mueller did not welcome or consent to Liposky’s physical contact.
VIOLATIONS
23. Liposky’s actions constitute unreasonable and excessive force against a student in
violation of Florida Statute 1003.32(1)().
24. — Liposky has engaged in misconduct in office as defined in Rule 6B-4.009(3),
FA.C., which provides that misconduct in office is a violation of the Code of Ethics of the
Education Profession as adopted in Rule 6B-1.001, F.A.C., and the Principles of Professional
Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C., which is
So serious as to impair the individual's effectiveness in the school system.
25. Liposky’s actions violated Rule 6B-1.006(3)(a), FA.C., which requires that the
individual make reasonable effort to protect the student from conditions harmful to learning
and/or to the student’s mental and/or physical health and/or safety.
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26. Liposky’s actions violated Rule 6B-1.006(3)(e), F.A.C., which requires that the
individual, shall not intentionally expose a student to unnecessary embarrassment or
disparagement.
27. Liposky's actions violated Florida Statute 784.03(I)(a) which states the offense of
battery occurs when a person actually and intentionally touches or strikes another person
against the will of the other or intentionally causes bodily harm to another person.
28. Liposky’s actions constitute just cause under section 6.1] of the Policies and
Procedures of the School Board of Manatee County
WHEREFORE, based on the foregoing, the Superintendent recommends the termination
of Respondent, Liposky’s, employment, effective May 25, 2010. Ifa hearing is requested, the
Superintendent recommends that the hearing be granted and that Respondent be suspended
without pay effective, May 25, 2010, pending the outcome of the hearing
RIGHT TO A HEARING
I Respondent is entitied to a public hearing to be conducted in accordance with
sections 120.569 and 120.57, Florida Statutes (2009), regarding the Superintendent’s
recommendation.
2. Respondent is required to file a Request for Administrative Hearing pursuant to
the Administrative Procedure Act, chapter 120, Florida Statutes (2009), and the Uniform Rules
adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a
hearing is requested. A sample Request is attached for Respondent's reference and use.
3. Respondent must file the Request with Lyn Lego, Agency Clerk, at 215 Manatee
Avenue West, 5th Floor, Bradenton, Florida 34205 no later than 4:30 p.m. on May 21, 2010,
with a copy to Scott A. Martin, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd
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Floor, Bradenton, Florida 34205, Respondent is required to substantially comply with the
requirements of the Uniform Rules.
4. Respondent is entitled to representation by counsel or other qualified
representative at Respondent's expense.
5. Failure to request a hearing will be deemed an admission of the allegations
against Respondent.
6. Mediation under section 120.573, Florida Statutes (2009), is not available.
7, Pursuant to Rule 28-106.214, Florida Administrative Code, notice is provided
that the School Board will preserve the testimony at the final hearing by audiotape. If either
party desires a certified court reporter to preserve the testimony, the party may do so at its
own expense. Any party who wishes a written transcript of the testimony from the certified
court reporter shall bear the cost of such transcript.
DATED this 6& day of May, 2010, in Bradenton, Manatee County, Florida.
A. eA Attorney
| Board of Manatee County
“Box 9069
Bradenton, FL 34206
Telephone (941) 708-8770, x2260
Petitioner/Employer
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BEFORE THE SCHOOL BOARD
OF MANATEE COUNTY, FLORIDA
SCHOOL BOARD OF MANATEE
COUNTY, FLORIDA ,
Petitioner/Employer,
vs. SBMC Case No. 10-0009
MARY P. LIPOSKY,
Respondent/Employee.
/
REQUEST FOR ADMINISTRATIVE HEARING
Respondent, Mary P. Liposky, requests an Administrative Hearing on the Administrative
Complaint and states as follows:
I. The name, address, telephone number and fax number (if any) of the
Respondent is Mary P. Liposky,
2. The name, address, telephone number and fax number (if any) of the
Respondent's qualified representative or attorney upon whom service of pleadings and other
papers shall be made is
3. The Respondent's substantial interest is affected by the Superintendent's
recommendation that the Respondent's employment be terminated,
4. On the following date, , the
Respondent received notice of the Administrative Complaint to terminate her employment.
5. The case number assigned to the administrative complaint is 10-0009
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6. Respondent requests an Administrative Hearing on the following disputed issues
of material fact:
7. There are no disputed issues of material fact. (Check if applicable} 0.
8. The ultimate facts alleged are set forth in the Administrative Complaint referred
to in paragraph #4 above.
Date Signature
Print Name
Docket for Case No: 10-002986TTS
Issue Date |
Proceedings |
Aug. 20, 2010 |
Order Closing File. CASE CLOSED.
|
Aug. 20, 2010 |
Notice of Settlement and Motion for Dismissal filed.
|
Aug. 16, 2010 |
Order Granting Continuance (parties to advise status by September 6, 2010).
|
Aug. 16, 2010 |
Unopposed Motion to Continue Hearing filed.
|
Jul. 08, 2010 |
Notice of Cancelling Depositions filed.
|
Jun. 28, 2010 |
Second Amended Notice Taking Depositions filed.
|
Jun. 24, 2010 |
Amended Notice to Taking Depositions (of S. Haberer, L. Helton, E. Faul, T. Harrison, R. Colarte, M. Joseph, M. Mueller) filed.
|
Jun. 23, 2010 |
Notice of Taking Deposition (of S. Haberer, L. Helton, E. Faul, T. Harrison, R. Colarte, M. Joseph, M. Mueller) filed.
|
Jun. 22, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 27, 2010; 9:00 a.m.; Bradenton, FL).
|
Jun. 16, 2010 |
Unopposed Motion for Continuance filed.
|
Jun. 04, 2010 |
Order of Pre-hearing Instructions.
|
Jun. 04, 2010 |
Notice of Hearing (hearing set for July 27, 2010; 9:00 a.m.; Bradenton, FL).
|
Jun. 03, 2010 |
Joint Response to Initial Order filed.
|
Jun. 03, 2010 |
Petitioner's Response to First Set of Interrogatories filed.
|
Jun. 03, 2010 |
Notice of Serving Response to Respondent's First Set of Interrogatories filed.
|
Jun. 02, 2010 |
Initial Order.
|
Jun. 01, 2010 |
Order Granting Hearing filed.
|
Jun. 01, 2010 |
Request for Evidentiary Hearing filed.
|
Jun. 01, 2010 |
Amended Administrative Complaint filed.
|
Jun. 01, 2010 |
Administrative Complaint filed.
|
Jun. 01, 2010 |
Agency action letter filed.
|
Jun. 01, 2010 |
Agency referral filed.
|