SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, Petitioner vs. Djems Don 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 Diems Don (hereinafter refered to as “Respondent’). Petitioner seeks the severance of Respondent's professional service 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 service contract of employment with the School Board of Orange County, Florida. That subsequent to the 2010-2011 school year, Respondent engaged in conduct that violates Orange County Public Schools policy and the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. That on June 17, 2010, Respondent was arrested and charged with the following offenses: » Violation of F.S. 784.048(4), Aggravated Stalking. ¢ Violation of F.S. 784.041(1), Felony Battery (DV). » Violation of F.S. 784.045(1A2), Aggravated Battery. » Violation of F.S. 810.02(2A), Burglary OCC Dwelling W/Battery Within. Attached hereto and incorporated herein as Attachment Ais a copy of Respondent's arrest report. Court records now show that Respondent's charges have been amended as follows: Violation of F.S. 741.31(4)(A)-5, Violation of Domestic Violence injunction. © Violation of F.S. 784.045(1)(A)(2); Aggravated Battery with a Deadly Weapon. ° Violation of F.S. 784.041, Felony Battery (Great Bodily Harm). e Violation of F.S. 810.02(2)(A)-16, Burglary Dwelling with Assault/Battery W/Weapon. * Violation of F.S. 784.03(1)(A)(1), Battery( Domestic Violence). * Violation of F.S. 741.31(4)(A)-2, Violation of Domestic Violence Injunction Frequent Location. : Attached hereto and incorporated herein as Attachment B is a copy of Respondent's case summary dated August 24, 2010. Respondent failed to report his arrest as outlined in Management Directive A-10, Guidelines on Self-Reporting of Arrest and Convictions by Employees. Attached hereto and incorporated herein as Attachment C is a copy of Management Directive A-10. That on August 16, 2010, Respondent failed to report to work. That on August 20, 2010, Respondent was sent notice that he was on unauthorized leave and he is scheduled to attend a predetermination meeting on August 26, 2010. Attached hereto and incorporated herein as Attachment D is the abandonment notice. That on August 24, 2010, Respondent's wife contacted Orange County Public Schools to inform Employee Relations that Respondent was currently incarcerated in Osceola County. A review of the status of Respondent's court case revealed that he was being held with no bond. 10. 11. 12. Respondent is currently on unauthorized leave without pay. Responded has violated School Board Practice and Policy which states: “An employee is subject to disciplinary action, up to and including termination, upon failing to retum from leave, unauthorized absence, and/or abandonment of his/her position.” Such actions are in violation of School Board Policies and constitute misconduct in office, conduct unbecoming a public employee, violation of - the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida, and a breach of the Respondent’s 13, employment agreement with the School Board. Said violations are sufficient grounds to sever the Professional Service Coniract with Respondent. The Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its Professional Services contract relationship with the Respondent and terminate immediately the employment of Respondent, Djems Don and authorize John C. Palmerini to act as 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 the employment, in the absence of a request for an administrative hearing, of Respondent, Djems Don, and authorize John C. Palmerini t Dated this 5 ‘oO act as counsel in this matter. i — John C. Palmerini, Esquire Florida Bar No. 571709 Attorney for Ronald Blocker, Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32804 (407)317-3414 day of September, 2010. ~ Attachment 66 A” hy , € = , OSCEOLA COUNTY _ SHERIFF'S OFFICE Deputy Report for Incident 10053398 Address: 1996 KIMLYN CIR Location: 3109 KISSIMMEE FL Offense Codes: 1309 ; Agency:-OCSO Received By: MOUNTS, Vv How Received: 9 Responding Officers: POLLUTRO, B, LORENZO, JOSSUE, VANOVER, GINA, DILORETO, D, ROBINSON, YNE, FERNANDEZ, LUIS, SMITH, R, BOISCLAIR, D, PIEPER, M, ROMAN, D, KEEFER, M, WILLENBACHER, K, ZAYAS, L Disposition: CAA 06/19/10 When Reported: 22: 14:2} 06/15/10 Occurred Between: 22:13:90 06/15/10 and 22:13:26 06/15/10 Assigned To: GIBSON, R Detail: PCU Date Assigned: 06/16/10 Status: CBA Status Date: 07/14/10 Due Date; *#/++ pe Omplainant: Mia: Last: First: DOB: *+/trjee Dr Lie: Address: Race: Sex: Phone: City: , Offase Codes Reported; Observed: F2 2ND DEGREE FELONY 6YRS Actdtiopal Offense: 1309 AGG ASSAULT/OTHER WEAPON Cireumstances DVOW DOMESTIC VIOL, OTHER WEAPON LTO} SINGLE FAMILY RESIDENCE RSPOU RELATIONSHIP SPOUSE/EX SPOUSE SLICR LITTLE CRERK SUBDIVISION DOMES DOMESTIC VIOLENCE INVOLVED ECEIW WEO6 BLUNT OBJECT Responding Officers; Unit : JUL 26 2019 POLLUTRO, B 231 CORENZO, JOSSUE 233 EMPLOYEE RELATIONS VANOVER, GINA 234 / DILORETO, D 232 - , . ; 07/23/10 ae Deputy -Report for Incident 101053398 Page 2 09; ROBINSON, BOBBY K912 HICKMAN, DWAYNE 244 FERNANDEZ, LUIS 245 SMITH, R 823 BOISCLAIR, D KD16 PUEPER, M 235 ROMAN, D 235 KBEFER, M $24 WILLENBACHER, K STAR2 ZAYAS, L STAR2 Responsible Officer: POLLUTRO, B Agency: OCSO Received By: MOUNTS, V Last Radio Log? 05:54:07 O6/16/10 CMPLT Clearance: A ARREST AFFIDAVIT How Received: 9 911 LINE Disposition: CAA Date: 06/19/10 When Reported: 22:14:21 06/15/10 Judicis] Status: PPT Occurred between: 22:13:20 06/15/10 and; 22:13:26 06/15/10 Misc Entry: WIdlus Operandi: Description : Method : Davivements Description , Dat Type 06/3/10 Law Incident SUPPLEMENT 101058262 MAIN CASE 101053398 067 J¥10 Law Incident WANTED PERSON 101054478 RELATED 06/7 1910 Name DON, DJEMS . ARRESTEE 06/ 2810 Name DON, TAMIK JUV OTHER 06/3 §0 Name DON, TAREQ G JUV OTHER 06/2 sno Name DON, TAMIKA A VICTIM 06/1 S10 Name BRYANT, ARCENIUS C VICTIM 2 06/1 i10 Cad Cal} 22:34:21) 06/15/10 DIST 221 Initiating Cal) DECEIVE ai) JUL 26 2089 EMPLOYEE RELATIONS OF23/10 Sa! Depaty Report tor Incident 101053398 Narrative TRETTEN BY: DS B. POLLUTRO F551 INCIDENT jt 1019533948 . . AGGRAVATED STALKING FSS 784,048(4) comm EMPLoyg, E RELAT; ION (ETENSB 1: OFFENSE 2: FELONY BATTERY (DV) Fss 784.041(1) comm @FENSE 3: AGGRAVATED BATTERY FSS 784.045(1A2) comm a @FENSE 4: BQRGLARY occ. DWRELING W/BATTERY WITHIN FSS 810,02 {2a} comm DNS: 31 IN REFERENCE To ay 5 I RESPONDED T0 1995 KIMLYN DRIVE OF 06-15-10 aT 2014 HOUR. (VICTIM 2), WHO STATED RIGRAVATED BATTERY, r MADE CONTACT wiTy Su FOLLOWING: tE BRYANT HAD ARRIVED AT TOMIKA DON'S (VICTIM 1} RESIDENCE AT anour 2205 HOURS 4ECAUSE TOMIKA wag WORRIED ABOUT HER ESTRANGED HUSBAND, DJEMS pow (SUSPECT), por “0 THE FACT sk HAS A COURT DATS oN JUNE 16, 2010 For AN INvUNcTIon HEARING TO BAECH THE SUSPECT, Don, OJEMS IS THE RESPONDENT. 2 2) TALK AND MAKE SORE DJENS WAS NO? NEAR HER RESIDENCE, MR BRYANT STATED HE ENLED HIS CAR INTO THE GARAGE, WW7HH A SHOVEL IN ‘rue HEAD. ZHED TO STOP THE FIGHTING, BRANT STATED HE DID NOT GIVE ANYONE PERMISSION TO HIT HIM W: WIsSES TO PROSECUTE, AT OSCEOLA REGIONAL HOSPITAL WHERE OMIRA DON (VICTIM 1), MS DON STATED THR I WADE CONTACT WITH 7 SEII WAS TRANSPORTED py OSCEOLA COUNTY FiRE RESCUE #43, WRITTEN STATEMENT, FOUOWING IN A SWORN MS 0ON STATED on 06-15-10 AP 2210 HoURS SHE WAS .AT HOME WHEN HER FRIEND, MR, AR WNT CALLED TO SAY HE WAZ OUTSIDE. MS DON LEP MR. BRYANT PUP AIS CAR IN HER GAIRGE AFTER SHE POLLSD HER CAR OUT. MS DON STATED HER SON WAS AT TEE DOOR so THE KITCHEN GARAGE DOOR. MS DON GARAGE. THIS PERSON LATER STAND SHE SAW SOMEONE IDEMIFIED AS DoJEMS DON, ENETRED THE HOME AND RE HTD RER WITH HIS HEAD BUDD, HER) AT WHICH TIME HER HEAD ON THE FLOOR. US DN STATED WHEN SHR WAS TRE‘T! AND WHEN SHE FELL TO THE FLOOR, MS DIN STATED SHE STARTS: SHE (OT TO HER Feer AND RAN INTO THE G; re ESTRAIGED HUSBAND AND SUSPECT, MR. DoEMa DON, PUNCHING MR. BRYANT. MS DON STATED SHE @DLED 911, AND OBSERVED BLOOD EVERYWHERE. MS DON STATED HER HUSBAND DIJEMB DON WAS GRABBING THE SHOVEL WHILE HOLDING DOWN HER FRIEND. AWAY FROM DJEMS WHILS HE WAS BEATING MR. BRYANT. MS DON g§ THE PHONE wItH S1L, AT WHILE CONTINUING To BATTER MR. BRYANT. Mt WHICH TIME HER HUSBAND RAN OUTSIDE AND FLED TRE AREA ON FOOT. MS DON STATED SHE HAD OBTAINED AN INJUNCTION ON JUNE 11, 2010 ar vHe OSCEOLA COUNTY COURTHOUSS. £ WAS ABLE To CONFIRM THE INJUNCTION MS pon OBTAINED was SERVED TO THRE RESPONDENT, MR. DJEMS DON, ON JUNE 41, 2010 gy ompurr SHERIFF g, MOORE. T OBTAINED A SWORN STATEMENT FROM MR BRYANT. I OBSERVED A LARGE BUMP WITH AN OFEN WOUND, ON THE RIGHT SIDE OF up BRYANTS FORHEAD WHERE HE STATED’ RE WAS STRUCK WITH THE SHOVEL. RESCUE 43 RESPONDED, AT WHICH TIME mR BRYANT REFUSED AID, AND PLACED THEN INTO EVIDENCE. 1 PHOTOGRAPHED AND ALSO THE MS DON sarp WHERE SHE OBSERVED ABR 07/23/10 eputy Report jor incident 101053398 Page 2 o, SE.COD ON THE GARAGE FLOOR AND PLACED ALL INTO EVIDENCE. NED A SWORN STATEMENT FRON ' RESPONDED TO OSCEOLA REGIONAL HOSPITAL WHERE I oprar THE BOTTOM, Fr PHOTOGRAPHED IS DON. = OBSERVED HER TWO FRONT TEETH BROKEN OFF AT NTO EVIDENCE. = SAVE MS DON A DOMESTIC VIOLENCE PAMPHLET, AND A 4B INJURY AND PLACED x 1I.N.g. INFORMATION, ocso CASE NUMBER, AND INFORMED HR DCP, HELP WoW, (SO WILL BE CONTACTING HER, I FILLED our aA Vicrim NOTIFICATION FORM. 1 SPORS To ER NURSE JOAQUIN RIVERA WHO STATED ALL TES'rs WRRE NEGATIVE AND MS DON HLL BE RELEASED SHORTLY. 2D FO THE HOsPrraz AND WILL BE OBFAINING A WARRANT FOR DT. RUSS Grss0N RESPOND TLE suspect, TITS REPORT WILL BE FORWARD TO THE STATE ATTORNEY FOR REVIEW.” Fesponsible LEO: Avpproved by: . Date EMPLOYEE RELATIONS 07/23/10 Attachment “Rp 99 [2010 G 002154 ST ATE OF FLORIDA a DON, DIEMS_ File: Date 06/16/2010 Case Status ~ OPEN Case Status Date 06/16/: Nurber __ €ase Disposition UNDISPOSED Case Disposition Date SETS A SEER TEI ET SE ROSE ETO SO a raha RMT Panty formation Pasty Ne Party Alias(es) Party Type Attorney(s) Attormey ! DOW, DEMS DEFENDANT HUNG, DONNA CG (407)455_ 1 AAOT)897~ I a re edule Dak= Start Time Event Type Result JOT W200 |. OS00AM | JURY TRIAL Oo2ean0 O85 AM PRETRIAL, EIR a ST RY eserattenrer ateretrmrseceyes A LATS SNe ES TT A TORE URNA FT NEED En BAT STS peememere Party Sharge(s) 8 TLR PRY eee FONE ot EY SCTE EH IE Om SET ETT eye RMT I PY HPI A TERE ETM INICIO WN HN VETO tear—enee eee ee ee Rein rerer ee, ent meme ean Case Pay DON, DJEMS Cours t Code Ticket Number Description Disposition pisposition 1 BISIAAYS INJUNT COMMUNCONTAGT oe CounE bode Ticket Number Description Disposition Disposition 2 B4.045(1)(A)(2) ones SPEC DIY DEY WPN CAUSE Count bee Ticket Number Description Disposition pisposition 3 24.044 HARM)” BATTERY (GREAT BODILY Count Gde Ticket Number Description Disposition Disposition 4 B0.022KA)-16 ASSAULTIBATTERY WIWEAPON Count Cue Ticket Number Description Disposition pispasition s 7#.03(1)(A)(1) BATTERY (DOMESTIC VIOLENCE) Count Cate Ticket Number Description Disposition pisposition raat waniengoreene sess Docket Entries Date Text 08/20/2010 | MOTION FOR DETERMINATION OF INDIGENCY AS TO COSTS. LA, 08/19/2010 Nt 3://198.140.240.34/pa/pages/ CRT VCaseSummary jsp?case_id=72015457 &xsl= . 8/24/2 RY OF A DWELLING WITH AN ASSAULT OR A BATTERY (WITH A WEABG; CT 2 AGGRAVATED BATTERY WITH A DEADLY WEAPON OR CAUSING GREAT BODILY HARM CT 3 FELONY BATTERY (GREAT BODILY HARM, PERMANENT DISABILITY OR PERMANENT DISFIGUREMENT) CT 4 BATTEE (DOMESTIC VIOLENCE) CT 5 VIOLATION OF A DOMESTIC VIOLENCE INJUNCTION OR FOREIGN PROTEC TIO ORDER BY COMMUNICATING OR CONTACTING CT 6 VIOLATION OF A DOMESTIC VIOLENCE INJUNCTION ©} NGI ENTED LOCATION WITH IN 500 FEET FOREIG! 06/2/10 Bi G HELD. RE: » SWORN & TESTIFIED DEFENSE WITNESSES: KEVIN DON, We DELATOUR, STANLEY DON STATE WITNESSES: “VICTIM*, MR. BRYANT, D/S POLLUTRO RULING: THE MOTIO FOR BOND REDUCTION IS HEREBY GRANTED IN PART. BOND REDUCED TO $25,000.00 WPTR > VIOLATION OF COURT ORDER/STALKING $10,000.00 WPTR > AGG. BATTERY W/DEADLY WEAPON $1,000.00 VWPTR = COMMIT FELONY BATTERY $NONE/$0 TO REMAIN AS TO BURGLARY WASSUALT/BATTERY PTR: CONDITION G.P.S. MONITOR, NO RETURN TO RESIDENCE OF OFFENSE; NO CONTACT WHATSOEVER WITH VICTIMS: Nc WEAP' s 16/30/2010 09:33:30 _ . 0673/4 Pear aae +28 Cas 06/2210 NOTICE OF APPEARANCE OF CO-COUNSEL DEMAND FOR BIS T GUILTY 06/22/200 FIRST APPEARANCE HELD. ORDER OF COMMITMENT. SNONE BOND SET - A -CT2 . $1,000 BOND SET- CT 3 $NONE BOND SET-CT4 PROVISIONAL ORDER APPOINTING COUNSEL: PUBLIC DEFENDER IS TEMPORARILY APPOINTED UPON FINAL DETERMINATION OF INDIGENT STATUS: OCIIs ORDERED TO DEDUCT 850 PD APP FEE, OR DEFENDANT IS ORDERED TO PAY $50 WITHIN 2 WEEKS. 06/22/2200 WARRANT ARREST - BOOKING REPORT FILED $0 - ORIGINAL BOND AMOU A BOND AMOUNT GOUNT 2 $1,000 - ORIGINAL BOND AMOUNT COUNT 3 $0 - ORIGINAL BOND AMO T FIRST APPEA WANTED. PERSON TABLE FILED §NONE BOND AMOUNT CTT $16,000 BOND AMOUR” D AMOUNT - CT 4 MEMORANDUM FILED AFFIDAVIT OF ARREST ORIGINAL UNT COUNT 4. O6H8/200 GRIMINA\ D WA CT 2 $1,000 BOND AMOUNT - CT 3 $NONE BON p//198. 140.240.34/pa/pages/CRTVCaseSummary jsp?case_id=7201545 7 &xsl= B8/24/2 Attachment oq? ORANGE COUNTY PUBLIC SCHOOLS ORLANDO, FLORIDA MANAGEMENT DIRECTIVE A-10 GUIDELINES ON SELF-REPORTING OF ARRESTS AND CONVICTIONS BY EMPLOYEES 1. The security and safety of our employees, students and guests is of paramount importance. To this end, all employees shall adhere to the following directives. All arrests and convictions (with the exception of minor traffic offenses) of all employees shall be self-reported within 48 hours to the district. Such notice shall not be considered an admission of guilt nor shail such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial. The appropriate authority to self-report arrests and convictions is the Office of Employee Relations. A phone message can be left 24 hours a day at (407) 317-3239, and the employee must provide a written follow-up Statement within five business days of leaving the message. Failure to self- report may result in discipline, up to and including, dismissal. 2. Arrests shall include cases in which the employee was taken into custody, as well as charges of criminal misconduct for which the employee was not taken Into custody. Convictions shall include any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea or Nolo Contendere for any criminal offense other than a minor traffic offense. 3. A common definition to allow for a uniform interpretation and reporting of a minor traffic violation shall be defined according to Florida Statute 318.13 (3) as follows: Infraction means a non-criminal violation that may require community service hours under Section 316.017 (4), but is not punishable by incarceration and for which there is no tight to a trial by jury or right to a court- approved counsel. Criminal traffic violations are not minor and must be reported. 4. An educator is defined as any individual who holds certification and any administrator required to hold a teaching certificate. School districts are required to file legally sufficient complaints of violations of the Educator's Code of Conduct with the Department of Education. The Department of Education may also take action against an educator who fails to report a violation. 5. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentially provisions of Sections 943.0585 (4) (c) and 943.059 (4) (c), Florida Statutes, Superintendent Date Attachment dD) 99 of. your record indicates that you have failed to report to since éeping with.school board practice and policy, an employee action; up io and including termination, upon failing to thorizéd’ absence, and/or abandonment of his/her eeting has been scheduled with you on Thursday, Jamio discuss my concerns. The meeting will be held adership Building, 445 W. Amelia, Orlando, FL. Since ou.dfe entitled to have representation. ‘In the i you fail to appear at the above meeting, a recommendation will.be 1 jade through the Superintendent to dismiss your employment at the next regularly Séheduted ‘school board meeting. At that time the board may act upon the .recommendation. It is anticipated that the next meeting will be held Septeniber 44-2010, at 5:30 p.m., at the Educational Leadership Center. Since ; meeting dates are subject to change, it is your responsibility to confirm the time and date. You have the right to address the School Board, either personally or through a representative, and present any information you want considered. To preserve this right you are required to provide written notice of your intent to speak at the School Board meeting to the School Board Clerk no later than 1 2:00 PM on the Friday immediately preceding the scheduled meeting. - In the event the written request to speak js not received by the School Board Clerk by 12:00 PM on the Friday immediately preceding the scheduled meeting and your desire to speak, the action will be pulled from the School Board agenda. The action will be substituted with action placing you on relief of duty without pay until the next scheduled School Board meeting at which time you will have an opportunity to address the School Board. If you have any questions regarding this maiter, you may contact me at 407-317-3239 between the hours of 7:30 a.m. and 4:30p.m. Sincerely, Rivers Lewis Senior Manager Employee Relations CC: Wayne Green, Principal September 14, 2010 MEMORANDUM TO: MEMBERS OF THE SCHOOL BOARD FROM: RONALD BLOCKER () Superintendent SUBJECT: TEACHER TERMINATION/SUSPENSION Ms. Monica Mahtani Attached is a complaint regarding Monica Mahtani, who | am charging with violation of School Board Policies, misconduct in office, willful neglect of duty, conduct unbecoming a public employee, and violating the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida as defined by the rule of the State Board of Education. | relieved Monica Mahtani from duty with pay pending presentation to you of formal administrative charges. Attached you will find a copy of those charges. Pursuant to Florida Statute 1012.34, if the School Board accepts my recommendation, the employee has the right to request an administrative hearing within 15 calendar days of your action. If no request for hearing is received within the time limit, the termination of the teacher's contract is final. During the 15 calendar day period referenced above, the teacher will remain on suspension without pay in accordance with the negotiated agreement between the Classroom Teachers Association and Florida law. | am also recommending that you approve John GC. Palmerini to act as my representative in this matter. Please recall that we routinely refer these matters to the Division of Administrative Hearings if a hearing is requested by the teacher. RECOMMENDED RESOLUTION: | move that Monica Mahtani be suspended without pay and terminated 15 days from receipt of the attached charges if no hearing is requested. | further move that John C. Palmerini, Esq. be appointed to represent the Superintendent in this maiter. Attachment

Docket for Case No: 10-009245TTS