THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ROBERT W. RUNCIE, Case No. 61 Superintendent of Schools, Petitioner, vs. FREDERICK A. WILLIAMS, Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, ROBERT W. RUNCIE, Superintendent of Schools for Broward County, Florida by and through his undersigned counsel, the law office of Lydecker, Diaz files this Administrative Complaint pursuant to Chapter 120, 1001 and 1012 of the Florida Statutes as well as Chapter 6B-1 and 6B-4 of the Florida Administrative Code and states the following: I. JURISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida (hereinafter School Board or SBBC) located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2. The Petitioner is Robert W. Runcie, who is the Superintendent of Schools for Broward County, Florida. His address is located at 600 Southeast Third Street, Fort Lauderdale, Florida 33301. 3. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance in observance with all of the laws, rules and regulations. Any violation thereof shall be reported with the appropriate’disciplinary action against any school board personnel failing to comply therewith, inclusive of the Respondent Frederick A. Williams (hereinafter Williams). 4. The Respondent, Williams is an employee of the Broward County School Board and is currently employed as an instructor/teacher at McFatter Technical Center. 5. The last known address of the Respondent Williams is 731 Arizona Avenue, Fort Lauderdale, Florida 33312. Il. ADMINISTRATIVE CHARGES 6. Respondent began his employment with the School Board in August, 1992. 7. During the 2011-2012 school year Respondent was employed as a teacher at McFatter Technical Center. 8. In connection with the performance of his duties and responsibilities as a teacher, Respondent was issued a School Board Laptop Computer (hereinafter “laptop”). 9. In connection with his use and possession of the laptop, Respondent executed a property pass, a copy of which is attached hereto as Exhibit “A.” 10. Pursuant to the property pass, Respondent acknowledged that he read and understood the provisions of School Board policy 5306 entitled, “School and District Technology Usage.” A copy of the policy is attached as Exhibit “B.” 11. The property pass provides, in pertinent part, that the laptop was to be used by the Respondent “only” in connection with his employment and study assignments. The property pass further provides that the Respondent will ensure the safety of the property while in his possession. 12. School Board Policy 5306(6) provides in pertinent part as follows: “6. ACCEPTABLE USE OF COMPUTER NETWORK AND ONLINE TELECOMMUNICATIONS {a) Rules: (b) 1. All use of telecommunication services and network shall be consistent with the code of ethics for computer, network and online telecommunication users. 2. Successful participation in the network requires that its users regard it as a shared resource and that members conduct themselves in a responsible, safe, ethical and legal manner while using the network: 4. Use of these services shall be properly monitored and, to the extent reasonably possible, users of school sponsored telecommunication services and networks shall be protected from harassment or unsafe, unwanted or unsolicited contact; ... 6. Technology owned or leased by the School Board shall not be used for advertising or otherwise promoting the interest of any commercial, religious, political or other non- district agency or organization except as permitted through Board approved policies or state Statutes. To implement the acceptable use provision of this policy, it is necessary that all users read and document in writing their understanding and willingness to comply with the “Code of Ethics for computer network and online telecommunication users.” CODE OF ETHICS FOR COMPUTER NETWORK AND ONLINE TELECOMMUNICATION USERS All users are expected to read and understand the following privileges, right s, and responsibilities when using property or facilities (WAN, LAN, Networks, Internet, Intranet, etc.) of Broward County Public Schools. a. Use of computer network and online telecommunications is a privilege and must support teaching, learning and research, c. Authorized users shall be ultimately responsible for all activity under their account and password. All accounts shall be used only by the authorized users for the purpose specified. f. Any use of telecommunication services or networks for...obscene, or pornographic purposes shall be prohibited. Illegal activity shall be defined as a violation of local, state and/or Federal laws. Inappropriate use shall be defined as a violation of the intended use of the district’s mission, goals, policies or procedures. Obscenity and/or pornography shall be defined as a violation of generally accepted social standards for use of a publicly owned and operated communication vehicle and is defined by School Board policy. g. All use of telecommunication services or network for the promotion of an individual’s personal or political agenda or commercial initiatives shall be prohibited. h. Use of or engaging in offensive or inflammatory speech, profanity or obscene language is not permitted at any time. 2. Students and/or employees using School Board equipment or property, onsite or offsite, must conform to the requirements of this policy. 13. Aninspection of Respondent’s computer during the 2011-2012 school year revealed the existence of pornographic material. 14. Respondent’s actions in using or allowing use of the laptop to view and/or download pornographic material constitutes violation of School Board policy 5306 as well as the failure by Respondent to ensure the safety of the Laptop (Property) while in his possession. 4 15. In addition to the above, Respondent’s actions in using or allowing the use of the laptop to download and view pornographic material violates 6B-1.006, Principles of Professional Conduct for the Education Profession in that as part of Florida, including, but not limited to Subjection 3(a) which provides in pertinent part Respondent’s obligation to the student, Respondent “shall make reasonable efforts to protect his student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety.” By allowing the materials to be downloaded and maintained on the Laptop which was accessible to students within his class, Respondent exposed students to conditions harmful to learning. Additionally, Respondent’s use of the Laptop to download and view pornographic material or allowing the laptop computer to be used by others to download and view pornographic material violations 6B-1.001(3), Code of Ethics which requires Respondent as an educator to maintaining the respect and confidence of one’s colleagues, of students, of parents and of other members of the community, and requires Respondent as an educator to strive to achieve and sustain the highest degree of ethical conduct. 16. The Respondent’s use of the laptop to download and/or view pornography allowing others to use of the laptop to download and/or view pornographic materials unreasonably expose students in the vicinity of Respondent’s laptop to conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety. 17. Respondent William’s use of or allowing the use of his School Board issued laptop computer to download and view pornographic material fails to comply with Respondent’s duties as an educator to maintain the highest degree of ethical conduct as well as his duties and responsibility to ensure the safety of the laptop while in his possession, 18. Respondent’s actions constitutes a violation, including but not limited to the following School Board policies, procedures, regulations and Statutes, either collectively or individually: (a) (b) (c) 19. Violation of School Board Policy 5306; Violation of Florida Administrative Code 6B-1.001(3), 6B-1.006(3)(a) 6B- 4.009(2)(3); and Violation of Florida Statute 1012.33. lil. JUST. CAUSE Just Cause exists for the relief requested pursuant to Section 1012.33, the Respondent’s contract, School Board Policies, Procedures, Rules and Regulations, the Code of Ethics of the Educational Profession, and the employee disciplinary guidelines promulgated by the School Board including but not limited to the following: (a) (b) Misconduct in office. The Respondent through the above described conduct has violated Florida Statute Section 1012.33(1)(a) and Section 1012.33(4)(c) Florida Statutes and Rule 6B-4009(3) of the Florida Administrative Code, and his actions constitute misconduct in office through the violation of various provisions of the Code of Ethics of the Educational Profession, Rule 6B-1.001, 6B-1.006 Florida Administrative Code and School Board Policy 5306. Duties of Instructional Personnel/Immorality: The Respondent through the above- described conduct has violated Section 1012.33(4)(c) Florida Statute Rule 6B- 4,009(2) of the Florida Administrative Code and his actions constitute immorality; that is conduct inconsistent with the standards of public’s conscience and good\ morals. Additionally, the Respondent’s above-described conduct further violates the Code of Ethics of the Educational Profession, Rule 6B-1.001, 6B-1.006, Florida Administrative Code and School Board Policy 5306. The Respondent’s conduct is factually set forth herein as sufficiently notorious to bring the Respondent and/or the education of profession into public disgrace or disrespect and impair the Respondent’s service in the community. WHEREFORE, based on the foregoing, the Petitioner Robert W. Runcie, Superintendent of Schools, recommends that the School Board suspend the Respondent, Williams from his employment as an instructional employee for a period of at least ten (10) days based upon the foregoing facts and legal authority. Hh Dated this 28 “™_ day of Frag. 2012. Superintendent of Schools Respectfully Submitted, LYDECKER| DIAZ Attorneys for Petitioner 1221 Brickell Avenue, 19" Floor Miami, Florida 33131 (305) 416-3180 — Phone (305) 416-3190 — Fax Prepared By: MARK A. EMANUELE, ESQ. FBN: 0541834 CADocuments and Settings\am\Desktop\MARK EMANUEL\SCH BOARD OF BROW V. WLLIAMS ADMIN COMP.6.04.12.doc

Docket for Case No: 12-003295TTS