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THE STATE OF FLORIDA

THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA

JESUS JARA, )

Superintendent of Schools, ) Case No.

)

Petitioner, )

)

1. )

   )

   TIMOTHY COVAL, )

   )

   Respondent. )

   
   

   
   

   ADMINISTRATIVE COMPLAINT

   
   

   Petitioner, JESUS JARA, Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint, pursuant to Chapters 120, 1001 and 1012, Florida Statutes (2003), Rules 6B-l.00I, 6B-l.006, and 6B-4.009, Florida Administrative Code, and the Rules of the School District of Monroe County, Florida and states as follows:

   JURISDICTIONAL BASIS

   
   

   1. The agency is The School Board of Monroe County, Florida, located at 241 Trumbo Road, Key West, Florida 33040.

1. The Petitioner, JESUS JARA, is the Superintendent of Schools of Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040.

2. The Petitioner is statutorily obligated to recommend the placement of all school personnel and to require all employees to observe and comply with all laws, rules and

   
   

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   regulations. Petitioner is required by law to report and recommend appropriate disciplinary measures.

3. The Respondent, TIMOTHY COVAL, is an employee of the School Board of Monroe County, Florida, and is currently employed as a Teacher in the Monroe County School District at Stanley Switlik Elementary School.

4. The last known address of the Respondent is 3643 Louisa Street, Marathon, FL, 33050.

   
   

   ADMINISTRATIVE CHARGES

   
   

   Petitioner, JESUS JARA, re-alleges the above and states as follows:

   
   

5. At all times pertinent hereto, the Respondent was employed as a teacher in the Monroe County School District.

6. On or about February 17, 2011, Respondent executed a "Last Chance Agreement," as an agreed disciplinary measure. A copy of this agreement is attached hereto as Exhibit "A" and is incorporated herein by reference.

7. That Respondent violated the last chance agreement by

   
   

   1. Berating and yelling at students,

      
      

   2. violating School Board policies, inter alia 3210,

      
      

   3. engaging in conduct unbecoming for an educator.

      
      

8. Respondent further violated School Board Policy and The School Board's Drug Free Workplace Policy (3124) when Respondent reported to work, on or about November 9,201 I, under the influence of alcohol.

2

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DEMAND FOR RELIEF

In accordance with School Board Policies 4140, 4140.01, Petitioner, JESUS JARA, Superintendent of Schools of Monroe County, Florida recommends that the School Board of Monroe County, Florida, after providing the requisite notice, suspend Respondent without pay, should a hearing be requested, after the initial suspension ends, through the conclusion of all hearings and appeals, and dismiss the Respondent, TIMOTHY COYAL, from her employment as an employee predicated upon the foregoing facts and legal authority.

EXECUTEDthis ::) ayof N ,2011.

cz:gJ::v§:h

Superintendent of Schools

STATE OF FLORIDA )

) SS: COUNTY OF MONROE )

BEFORE ME, the undersigned authority, personally appeared, JESUS JARA, to be known to be the person described in the foregoing instrument; and he acknowledged that he executed the foregoing instrument for the purpose therein contained.

WITNESS my hand and seal thi Jg' day of..,_r-i/2 ?"_/                       ,2011.

1 ,.-. 11i1 ,_,, ,..,. STEVIE LEE PEREIRA

' lm· t-\ Notary Publi.c Slate of Florlcfa I

, i" •s My Comm. Expires Aug 18, 2015

-, ='41 Commi11ion # EE 111245 I

,, ,,,,(,',),.·,U.,,'_,,\

Bonded Through National Notary Assn. •

NOTARY PUBLIC, STATE OF FLORIDA

My Commission Expires:

3

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PAGE 02/03

03/31/2011 10:07

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30529924%

SWrTLIK ELEMENTARY

1. AST C:HANCE AGREEMENT

have

I.

2.

3.

M COVAl., (hemnafter 'Coval'') member oft.be United Teacher's Unioo of Monroe

orida, (hereinafter "I.JTM' ), and the Sehool &aril ofMonn,,c; Couniy, Florida, "School Board"), for mu:uaJ COTI:li<leration, the adequacy of which they each 8C, hereby enter Into tbis ,11:1t Chance A men.t, 1111d agree 8$ follows:

811 alternative to the Scht nl IJoard scc:king CO\'llrs discharge for verbally berating

an exlended period of ti11c. as well as overly qgressive conduct in violati011 of

Policies, the Florida A, lmini ve Code, principles orProfessional Conduct for

on Profession in Florida, ; nd Florida Statutes, Coval. UTM, and the xhool 'Board to enter into this Ch mce Agreement as a full, final and complen, settlcmel\t of

will receive a Ju:ipcnsi<HJ without pay for ten (10) work days.

ng the period ofsuspensio:i, Coval ooteliiible to work or othc:twise be on bool Board campus or lave contact With 5tlldo:nts. Additionally, Coval complete an anger manaa:lllcnt collllle at h.is own 11:Kpense, by April l s'il,

, and plll'ticipalc in ethics· r.iining. All coul'SQ and !raining must be verified

to Director of Human Reso ,rec.,.

C I , Md the trrM waive the r r:t:$peelive rights to grieve or otherwii;; challenge the "sciplirwy saspcn..si011 llld C!)OOitions specified in pani8(iillh I above under the Contract, theSchwl: kcd's Policies and Procedures or any other lll)J)l le appeal proccdw'e.

Thi Last Chance Agreement i: cot ent ngand may not be cited as precf(lence or din futn,, disciplinary matters involving members of the barg "ning unit other than Cova I.

1. 'scipline specified .in pflllll:raph (!) above and the other tem1s of this

   cnt provide Ccwal with 2 ".!ast chance" to wm:ct his bc:.havior. Coval and

   agr that the re,oms St.."t fortll in this Last Chance Asrcement are

   -(tlalble conditions for Cav■I to comply with in Oi'<ler For him to 511ve his job

   ·nue his employment as a teacher with tlic Scbool Board. Cov•I and the acknowledge and agree th it ifCov21l engages in any of the following

   or fails to comply with <-r ,:ompletc any OJ1C of the requit'llfflents specified it con.stitutcs • ust cause" for his disch"'l!e fron, employment with the Board.

   
   

   1. Benitin11 srudcnts in elass

   2. A conviction or faillll'I! to repon ilJl arrest for an 11ff'ensc that is committed

      P:ige I of 2

      
      

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      i • .

      02/17/2011 09: 46 305<89249& SWITLIK El.EMENTARV PAGE 03/0'.l

      
      

      after the effective dati of this Last Chance Alll'eement. In accordance with

      tile provisions of!he 1:lf reporting requirements.

      
      

   3. Any ofmiscondt1ct or gross misconduct as specified in the

      &hool Board's Po!ic and Procedures.

      
      

2. Col'•I aclcnowledgcs and.igrees that he has received fair 411d adequate representation ftom his U1.ion and/or .1111 Attorney throughout this matter. Cowl and the Ul'M enter into this Last Chance Ai,-reement knowingly and vohmtarily.

   
   

   
   

3. Tli term of this ment is,wo yem from the date of cx cution.

LMst Chance Agreement I a<, been ;,i lltcd by the parties below on !his_,

........,_, .. 2011.

Sy:

By: 4-4.

Leon Fowler (UTM)

P¥2of 2

Docket for Case No: 11-006432TTS