BEFORE THE SCHOOL. BOARD OF COLUMBIA COUNTY, FLORIDA TERRY L. HUDDLESTON, Superintendent, Petitioner, Case No. 2015-AH-01 vs. STEVIE C. WHITE, a/k/a Steve White, Employee, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TERRY L. HUDDLESTON, as Superintendent of the School District of Columbia County, Florida, through counsel, files this Administrative Complaint and states: JURISDICTIONAL BASIS 1. The Agency is the School Board of Columbia County, Florida (“School Board”) located at 372 West Duval Street, Lake City, Columbia County, Florida 32055. 2. The Petitioner, Terry L. Huddleston, is the Superintendent of Schools of Columbia County, Florida. His address is 372 West Duval Street, Lake City, Columbia County, Florida 32055. 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. The Petitioner has the authority pursuant to §1012.27, Florida Statutes, to recommend to the School Board that any school employee be suspended and/or dismissed from employment. 4. The Respondent, Stevie C. White, also known as Steve White, has been 1 Filed February 11, 2015 1:45 PM Division of Administrative Hearings employed by the School Board of Columbia County, Florida, since August 26, 1996, with his last assignment as a custodian at the Challenge Learning Center. 5. Respondent is an “educational support employee" as defined by §1012.40(1)(a), Florida Statutes. His employment is governed by the collective bargaining agreement (“CBA”) between the Columbia County Educational Support Personnel Association ("CCESPA") and the School Board of Columbia County. The standard for the discipline of support personnel is "just cause" pursuant to Article VIII, P. of the CCESPA CBA. 6. The School Board has the authority to terminate and/or suspend educational support personnel without pay and benefits pursuant to §§1012.22(1)(f) and 1012.40(2)(c), Fla. Stat. 7. The Division of Administrative Hearings ("DOAH"), has jurisdiction over the parties and the subject matter of this Petition pursuant to Board Policy 6.52 and Article Vill, P. of the CCESPA CBA and §§1012.40(2)(c), 120.569 and 120.57, Fla. Stat. 8. The legal basis for Respondent's termination is violation of School Board Policy, misconduct in office, incompetency as a result of the failure to communicate appropriately with and relate to colleagues and administrators, and endangering the health, safety and welfare of any District employee, and actions which substantially impair the effectiveness of the employee. See CCESPA CBA Article VIII, P. 7., §1012.40, Fla. Stat.; F.A.C. 6A-5.056. ADMINISTRATIVE CHARGES 9. The recommendation for termination from employment submitted by the Superintendent to the School Board of Columbia County, Florida was based on the Respondent's actions and behavior toward other School District personnel. 10. On November 10, 2014, a School District employee, Kem Lee, filed a written sexual harassment complaint against the Respondent with the school principal at the Challenge Learning Center. The complaint included witness statements from another school employee and the school principal. 11. The complaint was referred to the District Administration and an administrative employee, Keith Hatcher was assigned to investigate. 12. The Respondent was notified of the investigation and charges and was suspended by the Superintendent with pay pending completion of the investigation. A copy of Investigation Notice Letter is attached as Exhibit 1. 13. | Based upon the results of the investigation, the investigator concluded that the Respondent’s actions toward Ms. Lee violated Schoo! Board Policy School Board Policy 2.16, Prohibiting Discrimination, Including Sexual and Other Forms. of Harassment. 14. Further, the investigator noted that the Respondent had been disciplined for violation of other School Board Policies in March, 2013 for which he was suspended without pay and warned that future misconduct would result in further disciplinary action, including possible termination. 15. In addition, the investigator noted that the Respondent had previously been reassigned and warned in three separate, but similar incidents of complaints by female Schoo! Board personnel and the parents of a minor female student concerning inappropriate contact and communications by the Respondent. 16. The investigator recommended the Respondent be terminated. 17. The Superintendent recommended the Respondent for suspension without pay for 10 days per Board Policy 6.53, pending the Superintendent's recommendation to the School Board for termination. The Petitioner delivered a letter dated December 12, 2014, to Respondent advising him of the recommendations for suspension without pay and termination. A copy of the Notice of Superintendent’s Recommendations Letter is attached as Exhibit 2. 18. The Respondent's legal counsel notified the Superintendent of the Respondent's intention to challenge any suspension without pay and termination on December 22, 2014. The Respondent filed Grievances pursuant to Article Il of the CCESPA CBA Grievance Procedure, but withdrew the Grievances in lieu of administrative hearing before DOAH per Article VIII, P. of the CCESPA CBA. 19. In accordance with Florida law, the Petitioner's recommendation for termination was reviewed and approved by the School Board on January 13, 2015. See Board Policy 6.52 and Article Vill, P. of the CCESPA CBA and §§1012.40(2)(c), Fla. Stat. A copy of the Notice of Termination Letter is attached as Exhibit 3. 20. Respondent's actions constitute misconduct in office pursuant to §1012.33(1)(a), Fla. Stat., as defined by State Board Rule 6A-5.056(2), F.A.C. Respondent's actions violate School Board Policy 2.16, Prohibiting Discrimination, Including Sexual and Other Forms of Harassment, which prohibits requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when the conduct has the purpose or effect of having a negative impact on the individual's employment, 4 unreasonably interfering with the individual's employment, or creating an intimidating, hostile, or offensive employment environment, including engaging in sexual slurs, leering, threats, abusive words, derogatory comments or sexually degrading descriptions, or unwelcome sexual flirtations or propositions for sexual activity, including verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, gender, age, marital status, sexual orientation, or any other characteristic protected by law or that has the purpose or effect of creating an intimidating, hostile or offensive work environment or has the purpose or effect of interfering with an individual's work performance or otherwise, adversely affects an individuals employment performance. Respondent's conduct was unbecoming of a School Board employee and has impaired his effectiveness as an employee. 21. Due to the foregoing violations of Florida law, State Board of Education Rules and School Board policies, just cause exists for the termination of Respondent's employment. 22. On January 30, 2015, the Respondent, through counsel, notified the School Board and Superintendent of his challenge to the termination by seeking a formal administrative hearing pursuant to Chapter 120, Florida Statutes. A copy of the DOAH Hearing Request emailed Letter is attached as Exhibit 4. WHEREFORE, Petitioner, Terry L. Huddleston, as Superintendent of the School District of Columbia County, petitions for formal proceedings filed with the School Board of Columbia County, Florida regarding the Respondent's termination to be heard before the Division of Administrative Hearings. EXECUTED this Fray of February, 2015. on Llib TERRY Lf L. HUDDLESTON Superintendent of Schools Cae — Guy wpe Attorneyfor Petitioner Florida Bar No. 0844500 gnorris@norrisattorneys.com 253 NW Main Blvd. Lake City, FL 32055 Telephone 386-752-7240 Facsimile 386-752-1577 Eservice@norrisattorneys.com sweirich@norrisattorneys.com cc: Mark Levine, Esquire

Docket for Case No: 15-000706