BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ROBERT W. RUNCIE, Superintendent, Petitioner, vs. —KEISHA NICHOLLS-BAKER, — - Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, through its Superintendent, ROBERT W. RUNCIE, and files this Administrative Complaint and states the following: I. JURISDICTIONAL BASIS 1. The Agency is The School Board of Broward County, Florida located at 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301. 2. The Petitioner is Robert W. Runcie, who is the Superintendent of Schools of Broward County, Florida. His address is 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301. . 3. The Petitioner is statutorily obligated to recommend the placement of School Board personnel, and require compliance and observance by all personnel with all laws, rules and regulations. See §1012.27, Fla. Stat. 4. The employee against whom discipline is recommended, Respondent, KEISHA NICHOLLS-BAKER, has been employed by The School Board of Broward County, Florida, since July 1, 2007, where she is currently employed as a guidance counselor at West Broward High School. 5. The legal basis for Ms. Nicholls-Baker’s suspension is misconduct in office: She violated the Principles-of-Professional Conduct forthe Education Profession by intentionally distorting facts, failing to maintain honesty in all dealings, submitting fraudulent information in School Board records, and violating the School Board's internal policies and procedures. See e.g., Fla. Admin. Code r. 6B-1.009; 6A-5.056. i. ADMINISTRATIVE CHARGES The Petitioner, Robert W. Runcie, alleges as follows: 6. This recommendation is based upon allegations that Ms. Nicholls-Baker knowingly violated School Board Policy 5.1 regarding the enrollment of students. 7. In August of 2012, Ms. Nicholls-Baker’s Principal, Teresa Hall, held a pre-disciplinary meeting regarding the enrollment of a student, JE, using a false address. 8. The student, JE appeared on West Broward High School's “unverifiable address list.” 9. Her address was corrected in the system by Ms. Nicholls-Baker, the school’s guidance counselor. 10. When the student’s records did not show any documentation relating | | to that address, an internal investigation was conducted. | 11. That investigation revealed that Ms. Nicholls-Baker provided the student with her own, personal home address. 12:—Ms- Nicholls-Baker-admitted-that-she-provided JE-with-a-copy-of-a print out from the Broward County Property Appraiser's website with Ms. Nicholls-Baker’s address. 13. Ms. Nicholls-Baker further admitted that the student was not living in her home, and that she knew the student was not living within the boundaries for West Broward High School. Nevertheless, Ms. Nicholls-Baker denied knowing how her home address got into the computer system as JE’s address. 14. At or around the same time, in August, 2012, it came to Principal Hall’s attention that another student, JR, had been registered as a junior at West Broward High School, notwithstanding the fact that he had completed his 11" grade studies in Jamaica before transferring to Broward County. 15. Aninternal investigation reflected as follows: a. In early August, 2012, the father of incoming student, JR, went to Cypress Bay High School trying to register JR as a junior. The guidance counselor at Cypress Bay High School (Marlene Sanders) advised the family that since the student had already completed the 11"" grade, he would have to enter any school in Broward County as a senior. b. Upon information and belief, the father wanted the student to gain additional time as a high school athlete, so he wanted JR 3 enrolled as a junior so that he could be involved in athletics for two school years. Cc. The father then went to West Broward High School where he registered the student, JR, as a junior. d. JP’s father later stated that he was able to get JR enrolled as a junior because a “counselor” at West Broward High School “did hima favor.” He later wanted to transfer his son to Cypress Bay High School as a junior. e. The student was re-classified as a senior at West Broward High School. 16. When administration became aware that Ms. Nicholls-Baker was the guidance counselor involved in registering JR as a junior, Principal Hall and Assistant Principal Jimmy Arrojo held another pre-disciplinary meeting with her, again about improperly enrolling a student. 17. Although Ms. Nicholls-Baker admitted enrolling JR as a junior (despite his transcripts showing that he had completed 11" grade), she denied having done the family a favor and claimed that she had been busy and was trying to get the family “in and out in a hurry.” 18. Based on these two incidents, (a) knowingly enrolling an out-of-boundary student by using her own personal address, which she knew to be false; and (b) enrolling a student in the incorrect grade, Principal Hall recommended that Ms. Nicholls-Baker be suspended for three days, without pay. 19. Having reviewed the materials supporting the charges against Ms. Nicholls-Baker, and the history of her behavior, the Petitioner/Superintendent hereby agrees with the recommendation that she be suspended for three days without pay. 20. In accordance with Florida law, this recommendation for suspension must be reviewed, and approved by the School Board. See §1012.33(6)(b), Fla. Stat: 21. ‘If the ultimate decision is adverse to her, Ms. Nicholls-Baker may challenge the decision by seeking an administrative hearing pursuant to Chapter 120 of the Florida Statutes. EXECUTED this /7_ day of OCtober _, 2012. ROBERT W. RUNCIE Superintendent of Schools cc: Debra P. Kiauber, Esq. Cadre Attorney

Docket for Case No: 12-003645TTS