THE STATE OF FLORIDA BEFORE THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA MARK T. PORTER, ) Superintendent of Schools, ) ) Petitioner ) ) v. ) Case No. ) MICHAEL ROGER, ) ) Respondent. ) ) ADMINISTRATIVE COMPLAINT. Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint against MICHAEL ROGER. Petitioner seeks termination of Respondent pursuant to Florida Statutes § 1012.40 and § 1012.27(5) and the policies of the Monroe County School District. In support thereof, the Petitioner states as follows: JURISDICTIONAL BASIS 1. The agency is THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA (hereinafter “School Board”), located at 241 Trumbo Road, Key West, Florida 33040. 2. The Petitioner, MARK T. PORTER, is the Superintendent of Schools in Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040. 3. The Petitioner is statutorily obligated to recommend the placement of all school personnel and to require all employees to observe and comply with all laws, rules, and regulations. Petitioner is required by law to report and recommend appropriate action against any school employee who fails to comply therewith, inclusive of the Respondent, MICHAEL ROGER (“Respondent”). 4. Pursuant to Florida Statute § 1012.27, the Petitioner has the authority to recommend that any school employee be suspended and/or dismissed from employment with the Monroe County School District. 5. The Respondent is an employee of the School Board, and is currently employed as an Instructor of Emotionally/Behaviorally Disabled students at Horace O’ Bryant (“HOB”) Middle School, a public school within the Monroe County School District. Petitioner seeks immediate termination of Respondent’s employment. 6. The last known address of the Respondent is 29757 Henry Lane, Big Pine Key, Florida, 33043 ADMINISTRATIVE CHARGES Petitioner, MARK T. PORTER, re-alleges Paragraphs 1-6, incorporates said paragraphs hereto by reference, and further states as follows: 7. Atall times pertinent hereto, Respondent was employed in an instructional position at the Monroe County School District. 8. At all times pertinent hereto, Respondent was employed in a probationary capacity pursuant to Florida Statute § 1012.335(2)(a), which states in pertinent part that “each individual newly hired as instructional personnel by the district school board shall be awarded a probationary contract.” Respondent’s initial date of employment with the Monroe County School District was August 13, 2018. A copy of Respondent’s employment contract is attached hereto as Exhibit A. Page 2 of 7 9. 10. 1 het 12. 13. On or about February 13, 2019, Respondent contacted the Principal of HOB Middle School, Christina McPherson, informing Ms. McPherson that he did “not feel mentally well enough to teach this class any longer.” Shortly thereafter, Petitioner received a formal Complaint alleging that Respondent had verbally threatened multiple students in his class with physical harm. As the Complaint alleged misconduct which potentially affected the health, safety and welfare of students at HOB Middle School, Respondent was immediately suspended with pay pursuant to Florida Statute § 1012.796(5), which states in pertinent part: When an allegation of misconduct by instructional personnel or school administrators, as defined in s. 1012.01, is received, if the alleged misconduct affects the health, safety, or welfare of a student, the district school superintendent in consultation with the school principal, or upon the request of the Commissioner of Education, must immediately suspend the instructional personnel or school administrators from regularly assigned duties, with pay, and reassign the suspended personnel or administrators to positions that do not require direct contact with students in the district school system. . Respondent timely requested a hearing to contest this suspension on February 14, 2019. Respondent’s request for hearing is attached hereto as Exhibit B. Petitioner conducted an investigation into the Complaint, which included interviews of students in Respondent’s class and a meeting with Respondent himself. Multiple students in Respondent’s class confirmed that Respondent had verbally threatened two students with physical harm. Respondent also admitted that he had another District employee cover his class on at least one occasion after making a statement to a student along the lines of: “you make me feel like I want to crush my own head. I would crush your head too, but I can’t do that so I am going to remove myself from the classroom.” Page 3 of 7 14. 15. 16. 17. School Board Policy 3213(E) states: 3213 - STUDENT SUPERVISION AND WELFARE Each instructional staff member shall maintain a standard of care for the supervision, control, and protection of students commensurate with their assigned duties and responsibilities. It is the responsibility of the Superintendent to prepare administrative procedures for the maintenance of the following standards: E. An instructional staff member shall not inappropriately associate with students at any time in a manner which may give the appearance of impropriety, including, but not limited to, the creation or participation in any situation or activity which could be considered abusive or sexually suggestive or involve illegal substances such as drugs, alcohol, or tobacco. Any sexual or other inappropriate conduct with a student by any staff member will subject the offender to potential criminal liability and discipline up to and including termination of employment. School Board Administrative Procedure 3139.01(S) states: 3139.01 - INSTRUCTIONAL STAFF INFRACTIONS The following rules are promulgated for the guidance of all instructional staff members. The School Board reserves the right to discipline instructional staff members for offenses not listed herein. Ss. Immoral conduct, unbecoming conduct, or indecency Respondent has violated School Board Policy 3213(E) and School Board Administrative Procedure 3139.01(S) by, but not limited to, the following acts: a. Inappropriately associating with students in a manner which gives the appearance of impropriety and could be considered abusive; and b. Engaging in immoral, unbecoming and indecent conduct. Florida Statute § 1012.335(1)(c) states in pertinent part: “Probationary contract” means.an employment contract for a period of 1 school year awarded to instructional personnel upon initial employment in a school district. Probationary contract employees may be dismissed without cause or may resign without breach of contract. Page 4 of 7 18. While Petitioner contends that it has just cause to terminate Respondent’s employment with the Monroe County School District, Respondent is also a probationary employee that may be terminated without cause. PETITIONER’S RECOMMENDATION 19. Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, recommends and requests that the School Board of Monroe County, Florida, the requisite notice having been provided to the Respondent, dismiss the Respondent, MICHAEL ROGER, from his employment with the Monroe County School District, predicated upon the foregoing facts and legal authority. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 5 of 7 EXECUTED this" day of _ Fe ovue 4 , 2019. ZE— T. PORTER uperintendent of Schools STATE OF FLORIDA ) COUNTY OF MONROE _ ) BEFORE ME, the undersigned authority, personally appeared, MARK T. PORTER, to be known to be the person described in the foregoing instrument; and he acknowledged that he soe : : Se ievieud executed the foregoing instrument for the purpose therein contained. Parsenalty ° t ~G Pre WITNESS my hand and seal this 28" day of _ Fee a 2018. THN hLadw NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: Fe vee at, Qoat inky 4 Karen T Hiadik aye . e NOTARY PUBLIC Ee, * Je STATE OF FLORIDA 6 Ke J= Comm GG073815 URES Expires 2/24/2021 Page 6 of 7 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this document has been furnished via U.S. Mail to: Michael Roger, 29757 Henry Lane, Big Pine Key, Florida, 33043 and via email to: Alan Fowler Esq., alan@kwcdlaw.com; Dr. Ramon Dawkins, Director of Human Resources, Monroe County Schools, ramon.dawkins@keysschools.com this_28th day of February, 2019. VERNIS & BOWLING OF THE FLORIDA KEYS, P.A. Attorney for Petitioner Islamorada Professional Center 81990 Overseas Highway, 3" Floor Islamorada, Florida 33036 Telephone (305) 664-4675 Telecopier (305) 664-5414 /s/ Gaelan P. Jones Gaelan P. Jones, Esq. Florida Bar No.: 117776 Page 7 of 7 EXHIBIT A THIS CONTRACT ENTERED INTO THIS 11TH DAY OF SEPTEMBER 2018 BETWEEN MICHAEL ROGER AND SUPERINTENDENT Mark T. Porter AS AUTHORIZED AGENT OF THE SCHOOL BOARD. WHEREAS, THE SCHOOL BOARD DESIRES TO ENTER INTO WRITTEN CONTRACTS WITH ALL SUPERVISORS AND PRINCIPALS OF EACH DISTRICT SCHOOL SYSTEM WHO ARE QUALIFIED AS PROVIDED BY LAW, AND WHEREAS, THE EMPLOYEE HAS BEEN DULY APPOINTED AS PROVIDED BY LAW; NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, AGREEMENTS, TERMS AND CONDITIONS, AS CONTAINED HEREIN, IT IS EXPRESSLY STIPULATED, UNDERSTOOD, AGREED AND COVENANTED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The School Board agrees to employ the Employee in the position of Teacher _Emotional/Behavioral Disabilities for a period of 10 calendar months or 196 days beginning 8/13/2018 and to pay the Employee for the services rendered in accordance with the following paragraphs. During the employment of the Employee, pursuant to this contract, the School Board agrees. to pay to the Employee an annual salary of not less than $46,592 and such additional salary as may be prescribed by the School Board in a salary schedule as duly adopted and adjusted by the Board from time to.time. a. The services to be performed hereunder shall begin on the day and in the position as aforementioned and in a school or school site as designated by the School Board or Superintendent. Subject to provisions of any applicable collective bargaining agreement, the School Board may, upon recommendation of the Superintendent of Schools, transfer and assign the Employee to a similar position in any other school of the district or other educational facility, provided that the duties shall be similar to the duties originally assigned, and the salary shall be as heretofore set forth. b. The Employee agrees to perform the obligations attached to the position, for which employed, as prescribed by the School Board for the full period of service for which this contract is made and in no event to be absent from duty without leave or to leave his/her position without first being released from this contract by the School Board, to observe and to enforce faithfully the laws, rules, regulations and policies lawfully prescribed by legally constituted school authorities insofar as such laws, rules, regulations and policies are applicable to the reports required by the School Board have been satisfactorily made and all duties have been performed as required by law and policies of the School Board and the State Board of Education. 2. This contract is based upon the assertion by the Employee that: a. The Employee is legally qualified to be a teacher in the State of Florida, as evidenced by Florida Teacher’s Certificate No. 1367863 valid unti! 6/30/2021, which is warranted by the Employee to be unrevcked and valid, or; b. That the Employee will be legally qualified to be a teacher in the State of Florida upon issuance of a Florida Teacher’s Certificate for which an application has been duly made as evidenced by the official receipt and acknowledgment record in the Office of the Superintendent, said certificate being Department of Education File No, 1367863. c. Employee is under a continuing duty to inform the School Board of any changes In any certificates, licenses held during the term of employment. 3. The Employee further agrees to file with the School Board a valid Florida Teacher's Certificate by not later than ninety (90) days from the date of this agreement, provided that failure to obtain and file such certificate shall relieve the School Board of all obligations under this contract. The Employee agrees that if he/she fails to obtain and file such a certificate this contract may be voided by the School Board and of no further force and effect. 4, Employee’s services shall be performed hereunder, to begin on the day set forth above and in the position of School Board of Monroe County, Florida 1 Contract Form A-E Rev, 1/2015 Teacher. Services to be provided by Employee are set forth in Exhibit A attached hereto. It is the Employee's responsibility to review all applicable School Board policies and any applicable job descriptions. 5. The Schoo! Board agrees to make available to the Employee in the Administrative offices, on the School District’s website, or other accessible place at each school a copy of it rules, regulations and policies for which the Employee will be held accountable and subject to under the terms of this agreement. The School Board policies and procedures are available at http://www.neola.com/monroe-fl/, Additional information is available at www. keysschools.com. All employees are required to familiarize themselves with the policies and procedures of the School Board of Monroe County, Florida. As required by Florida Statutes and Administrative Code, the School Board will provide training to the Employee on some policies and procedures (such as ethics training and universal precautions). 6. The School Board may suspend or remove the Employee for cause as provided by law. The Employee shall not be entitled to receive any salary from and after the date of such suspension or removal unless such suspension is revoked and in no event. shall the Employee be entitled to any compensation subsequent to the cancellation of this contract. 7. This contract shall not operate to prevent discontinuance of a position as provided by law. 8. It is expressly understood and agreed by and between the parties hereto that neither the Employee nor the School Board owes any further contractual obligation to the other after 6/4/2019 and that no expectancy of reemployment may be derived from the execution or performance of this agreement. The Employee understands that unless and until his/her contract is renewed by the School Board, or he/she receives a continuing or multi-year contract as provided under Florida Statutes, that no legal cause shall be required of the School Board in the event that the Employee is not re-employed by the School Board after 6/4/2019. 9. This contract shall at all times be subject to any and all laws, rules, regulations and policies now existing or hereafter enacted, 10. Additional services may be required as determined by the School Board but subject to the provisions of any applicable collective bargaining agreement. The School Board may, upon the recommendation of the Superintendent, transfer and/or assign the Employee to a similar position in any other School of the District or other educational/ancillary facility, provided that the duties shall be sufficiently similar to the duties originally assigned and the salary shall remain as set forth herein. 14. Failure of either party to fulfill the obligations under this contract, and to carry out the lawful provisions hereof, unless prevented from doing so by reason of personal illness of the Employee, or as otherwise provided by law, shall constitute sufficient grounds for the termination of this contract by the other party. 12, This contract shall not operate to prevent the discontinuance of a position or consolidation of positions/responsibilities as provided by law. It is expressly understood and agreed by and between the. parties hereto that neither the Employee nor the School Board owes any further contractual obligation to the other after the term set forth herein, and that no expectancy of reemployment may be derived from the execution or performance of this agreement. The Employee understands that unless and until his/her contract is renewed by the School Board, or he/she receives a continuing or multi-year contract as provided under Florida Statutes, that he/she shall have.no right to continued employment and that annual renewal of the employee's contract is subject to the discretion of the School Board. 13. The School Board may suspend or remove the Employee for cause as provided by law during the term of this contract. The Employee shall not be entitled to receive any salary from the date of suspension or removal unless such suspension is‘ revoked and in no event shall the Employee be entitled to compensation subsequent to the cancellation of this contract. 14. Should any provision of this contract be deemed unenforceable by a Court of competent jurisdiction or changes in Florida Statutes effect the substantial rights of the parties to this contract, the Employee and School agree that the remainder of this agreement will remain in full force and effect and such provision will be changed or struck in keeping with the intent of the parties to this contract. ‘ [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] School Board of Monroe County, Florida 2 Contract Form A-E Rev, 1/2015 IN WITNESS WHEREOF, the parties enter into this Contract on the Date first written above. Sianaturé oF CHAIRPERSON OF THE Boaro Dare Signature Of SUPERINTENDENT Sicnature of Empu MICHAEL ROGER Teacher Emotional/Behavioral Disabilities HORACE O'BRYANT MIDDLE SCHOOL School Board of Monroe County, Florida 3 Contract Form A-E Rev. 1/2015

Docket for Case No: 19-001070TTS