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ALACHUA COUNTY SCHOOL BOARD vs KAREN TRIVETTE, 14-006003TTS (2014)

Court: Division of Administrative Hearings, Florida Number: 14-006003TTS Visitors: 19
Petitioner: ALACHUA COUNTY SCHOOL BOARD
Respondent: KAREN TRIVETTE
Judges: E. GARY EARLY
Agency: County School Boards
Locations: Gainesville, Florida
Filed: Dec. 18, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 3, 2015.

Latest Update: Sep. 21, 2024
BOARD MEMBERS Kirby-Smith Administration Center April M. Griffin Alachua County. 620 East University Avenue Public Schools Gainesville, Florida 32601-5498 Carol Oyenarte Gunnar F. Paulson, Ed.D. Eileen F. Roy Leanetta McNealy, Ph.D. www.sbac.edu Phone (352) 955-7300 SUPERINTENDENT Owen A. Roberts, Ph.D. We are committed to the success of every student! Fax (352) 955-6700 Owen A. Roberts, Ph.D., as Superintendent of Schools, Petitioner, File No.: E-1415-03 vs. ; KAREN TRIVETTE, Respondent. ADMINISTRATIVE COMPLAINT Pursuant to Rule 28-106.2015, F.A.C., the Petitioner, Owen A. Roberts, Ph.D., as Superintendent of Schools, files this Administrative Complaint against the Respondent, Karen Trivette. The Petitioner seeks termination of the Respondent’s professional service contract of employment pursuant to section 1012.33(1) and (6)(a), Florida Statutes. The Petitioner alleges: Jurisdiction 1. The Respondent is a teacher who is employed by The School Board of Alachua County, Florida, under a professional service contract. Material Allegations 2. The Respondent teaches language arts at Santa Fe High School, 16213 NW US 441, Alachua, Florida 32615. She teaches five courses with approximately 20 to 25 students in each class. The students are between 16 and 18 years of age. 3. Respondent began teaching at Santa Fe High School at the start of the 2014-15 school year after being reassigned from Eastside High School as a result of a disciplinary matter. On March 6, 2014, Respondent entered a classroom with several exceptional education (ESE) students who had been left unattended and were making excessive noise. Before entering the other classroom, Respondent told her students that the ESE students were “retarded.”” When she entered the classroom, she started yelling at the students, calling them such things as “retarded,” “stupid,” and “bums.” When one student returned from the restroom, Respondent aggressively confronted her and told her to get out. 4. Following receipt of a Notice of Recommendation for Termination, Respondent and the District settled the disciplinary matter through the grievance procedure. Respondent agreed to accept a written reprimand and a transfer to a new work location, and she agreed to complete 30 hours of professional development in classroom management, three sessions of anger management through the Employee Assistance Plan. 5. In her written letter of reprimand, Respondent was cited for violating Schoo! Board Policy 3210, Standards of Professional Conduct; State Board of Education Rule 6B-1.001, Code of Ethics; and State Board of Education Rule 6B-1.006, Principles of Professional Conduct for the Education Profession in Florida. 5. Respondent was transferred to Santa Fe High School and began working there on August 11, 2018. On Tuesday, August 12, 2014, she signed a sheet indicating that she had attended training on student-teacher interaction, which included instructions not to intentionally disparage students. School started on Monday, August 18, 2014. 6. During the morning of Wednesday, August 20, 2014, J.H., a male student in the Respondent’s second period class, did not do his assigned classwork. Respondent asked J.H. to write his name on the assignment, and J.H. proceeded to write only his first name. Respondent asked J.H. if he had a last name, and J.H. replied that he was an orphan. Respondent responded that if J.H. were her child, he would be an orphan too. J.H. replied that if he were Respondent’s child, he would knock her out. 7. “Respondent and J.H. started arguing, and Respondent instructed J.H. to go to the office. J.H. has a pronounced limp as a result of a muscle deformity. As he walked to the door of the classroom, Respondent mocked the way he walked. In addition to J.H., statements were received from 16 other students in the classroom. Fourteen of those 16 students indicated that Respondent mocked, imitated, or made fun of his limp. Statute Violations Count 1: The Respondent is in violation of section 1012.33(6)(a), Florida Statutes, in that Respondent has been guilty of misconduct in office. Count 2: The Respondent is in violation of section 1012.796(1)(d), Florida Statutes, in that Respondent as been guilty of misconduct that affects the health, safety or welfare of students. Count 3: The Respondent is in violation of section 1012.795(1) (h), and (j), Florida Statutes, in that Respondent breached her contract with Petitioner by violating the Principles of Professional Conduct for the Education Profession. Rule Violations Count 4: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Code of Ethics of the Education Profession in Florida, Rule 6A- 10.080(1), F.A.C., in that the Respondent failed to value the worth and dignity of every person. Count 5: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Code of Ethics of the Education Profession in Florida, Rule 6A- 10.080(1), F.A.C., in that the Respondent failed to exercise the best professional judgment and integrity. Count 6: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Code of Ethics of the Education Profession in Florida, Rule 6A- 10.080(3), F.A.C., in that the Respondent has failed to strive to achieve the highest degree of ethical conduct. Count 7: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Principles of Professional Conduct of the Education Profession in Florida, Rule 6A-10.081(3)(a), F.A.C., in that the Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. Count 8: The allegations of misconduct set forth herein are in violation of Board Policy 3210, Code of Ethics, and the Principles of Professional Conduct of the Education Profession in Florida, Rule 6A-10.081(3)(e), F.A.C., in that the Respondent intentionally exposed a student to unnecessary embarrassment or disparagement. Count 9: The allegations of misconduct set forth herein are in violation of Board Policy 3213, Student Supervision and Welfare, in that the Respondent has failed to maintain a standard of care for the supervision, control and protection of students commensurate with his assigned duties and responsibilities. The foregoing violations by the Respondent constitute misconduct in office, poor judgment and conduct unbecoming a teacher, and are just cause for termination of the Respondent’s employment. WHEREFORE, the Petitioner recommends that The School Board of Alachua County, Florida, enter a final order terminating the Respondent’s professional service contract of employment, for the reasons set forth herein, in accordance with section 1012.33(1)(a) and (6)(a), Florida Statutes. EXECUTED on this 2.3 day of September, 2014. Owen A. R&®erts, Ph.D., Superintendent of Schools Notice of Right to Hearing The Respondent has a right to request a hearing on the charges, to be conducted according to sections 120.569 and 120.57, Florida Statutes, and to be represented by counsel or other qualified representative. If the Respondent wishes to contest the charges, the Respondent must submit a written request for hearing to the Petitioner within fifteen (15) days from receipt of this complaint.

Docket for Case No: 14-006003TTS
Source:  Florida - Division of Administrative Hearings

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