THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Robert W. Runcie, Superintendent of Schools, Petitioner, PETITION FOR FORMAL PROCEEDINGS Vi Vanetta Gay, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Robert W. Runcie, Superintendent of Schools of Broward County, Florida, through his undersigned counsel, Law Offices of Carmen Rodriguez, P.A., files this Administrative Complaint, pursuant to Chapters 120, 1001, and 1012 of the Florida Statutes, as well as Chapters 6B-1 and 6B-4 of the Florida Administrative Code, and states the following: L. Jurisdictional Basis a. The agency is the School Board of Broward County, Florida, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. b. The Petitioner is Robert W. Runcie, who is the Superintendent of Schools of Broward County, Florida. ¢. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules, and regulations. Any violation thereof shall be reported with the appropriate disciplinary action against any school personnel failing to comply therewith, inclusive of the Respondent, Vanetta Gay (“Gay” or “Respondent”). d. Respondent Gay is an employee of the School Board of Broward County and is currently employed as a Teacher at Millennium Middle School. e. Respondent, was employed, at all times material herein, by the School Board of Broward County pursuant to a Professional Services Contract. 2. Specific Charges The Petitioner Robert W. Runcie, alleges as follows: a. Respondent Gay, a teacher at Millennium Middle School, has committed misconduct in the office pursuant to Rule 6B-4.009(3), F.A.C. b. Gay has embarrassed and disparaged a student during class. Gay’s conduct has failed to protect the student from “conditions harmful to learning and/or to the student’s mental and/or physical health and safety” in violation of the Principles of Professional Conduct for the Education Profession in Florida as outlined in Rule 6B-1.006(3)(a) and (e), F.A.C., as well as the Code of Ethics of the Education Profession in Florida as provided in Rule 6B-1.001(1), (2) and c. Specifically, on October 5, 2011, Gay became upset with a student, D.S., and instructed her to physically pick up her desk and move it to a different location. d: D.S., who had a broken hand in a cast, had difficulty moving the desk as directed. Upon noticing D.S. struggling to move the desk, J.R. got up to help. Gay became upset with J.R.’s attempt to help prompting a redirect from Gay. e. Moreover, having left her binder at home, J.R. also failed a binder check performed by Gay. Gay then began yelling at J.R., including commenting that “I should call your parents, oh wait you don’t have any, you [sic] grandparents.” £ In fact, Gay instructed J.R. to call her grandparents during class and in front of the other students. J.R. was the only student who was subjected to a call home despite other students also failing to have their binders. g. Additional complications arose when Gay learned that J.R.’s grandparents only speak Spanish, which neither J.R. nor Gay speak. The language barrier prevented Gay from directly communicating with J.R.’s grandmother. h. Gay then inquired if any of the students in the class could speak Spanish. N.P. raised her hand and was directed to translate what Gay was saying to the grandmother. Thereafter, Gay made several inappropriate comments questioning how J.R. communicates with her grandparents at home given the language barrier. i. Gay’s utilizing J.R.’s classmate to translate discussions regarding J.R.’s behavior and/or class performance to her parent/guardian in front of her entire class is unacceptable. Moreover, conducting what amounts to a parent-teacher conference in front of the entire class is completely humiliating to the student. Gay’s actions singling out J.R. in the manner she did, unnecessarily embarrassed and disparaged J.R. 8. Just Cause Just cause exists for the requested relief pursuant to § 1012.33 Fla. Stat., the Respondent’s employment contract, School Board rules and regulations, the Code of Ethics of the Education Profession, the Principles of Professional Conduct of the Education Profession and the Employee Disciplinary Guidelines promulgated by the School Board, including but not limited to the following: a. Misconduct in office: The Respondent, through her above-described conduct, violated § 1012.33 Fla. Stat., and Rule 6B-4.009(3) of the Florida Administrative Code, and her actions constitute misconduct in office, which is conduct so serious as to impair the individual’s effectiveness in the school system. Additionally, the Respondent’s above-described conduct further violates the Code of Ethics of the Education Profession, Rule 6B-1.001(1), (2) and (3), 6B-1.006(3)(a) and (e), Florida Administrative Code. The Respondent’s conduct, as factually set forth herein, is sufficiently notorious to bring the Respondent and/or the education profession into public disgrace or disrespect and impair the Respondent’s service in the community. WHEREFORE, based upon the foregoing, the Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the School Board, subsequent to providing requisite notice, suspend the Respondent, Vanetta Gay, without pay for three (3) days based upon the foregoing facts and legal authority. Dated: April , 2012 Robert W. Runcie, Superintendent of Schools Respectfully submitted: Carmen Rodriguez, Esquire Cadre Attorney

Docket for Case No: 13-002431TTS