Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: PAMELA D. BEAL
Judges: JOHN G. VAN LANINGHAM
Agency: County School Boards
Locations: Tallahassee, Florida
Filed: Sep. 26, 2019
Status: Closed
Recommended Order on Monday, January 4, 2021.
Latest Update: Dec. 24, 2024
Summary: The issue is whether, as the district school board alleges, an elementary school teacher slapped a student’s face in class—an allegation which, if proved, would give the district just cause to suspend the teacher without pay for five days.The school board failed to prove that an elementary school teacher slapped a student’s face in class and, thus, lacked just cause to suspend the teacher without pay for five days.
19005158_282_03022021_16002954_e
Filed March 2, 2021 4:00 PM Division of Administrative Hearings
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
BROWARD COUNTY SCHOOL BOARD,
vs.
Petitioner,
DOAH CASE No.: 19-5158TTS RSBM Agenda: 02-17-21
PAMELAD.BEAL,
Respondent.
FINAL ORDER
THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA (hereafter referred to as "THE SCHOOL BOARD") at its meeting conducted on February 17, 2021, to consider the Recommended Order entered on January 4, 2021, by John G. Van Laningham, Administrative Law Judge (ALJ) of the State of Florida Division of Administrative Hearings.
IT IS THEREUPON ADJUDGED that:
No party filed exceptions.
The SCHOOL BOARD adopts the Recommended Order in its entirety, which is incorporated herein by reference (see Recommended Order attached hereto as Exhibit "A").
The SCHOOL BOARD hereby exonerates Respondent, PAMELA D. BEAL of all charges brought against her and awards PAMELA D. BEAL back salary as required under
section 1012.33(6)(a).
DONE AND ORDERED in Fort Lauderdale, Broward County, Florida, this / 7-f-1-, day of t , 2021.
%;@,l) Q
THE SCHOOL BdARD()F BROWARD COUNTY' FI5ORIDA
DRRALIND osGO;ruAIR
Copies Furnished to:
MAYA A MOORE, ESQUIRE ANDREW B. CARRABIS, ESQUIRE DOUGLAS G. GRIFFIN, ESQUIRE
Office of the General Counsel
The School Board of Broward County, Florida 600 Southeast Third Avenue - 11th Floor
Fort Lauderdale, Florida 33301
MARK S. WILENSKY, ESQUIRE
Dubiner & Wilensky, LLC
1200 Corporate Center Way - Suite 200 Wellington, Florida 33414-8594
ROBERT W. RUNCIE, Superintendent of Schools Office of the Superintendent
The School Board of Broward County, Florida 600 Southeast Third Avenue - 10th Floor
Fort Lauderdale, Florida 33301
STATE OF FLORIDA, DMSION OF ADMINISTRATIVE HEARINGS
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
APPEAL OF FINAL ORDER
Pursuant to Section 120.68, Florida Statutes, a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue - 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 110 South Tamarind Avenue, West Palm Beach, Florida 33401. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.
Docket for Case No: 19-005158TTS
Issue Date |
Proceedings |
Mar. 02, 2021 |
Agency Final Order filed.
|
Jan. 04, 2021 |
Recommended Order (hearing held October 15, 2020). CASE CLOSED.
|
Jan. 04, 2021 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Dec. 08, 2020 |
Respondent's Proposed Recommended Order filed.
|
Dec. 07, 2020 |
(Petitioner's) Proposed Recommended Order filed.
|
Nov. 05, 2020 |
Notice of Filing Transcript.
|
Nov. 05, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Oct. 16, 2020 |
Notice of Filing Confidential Exhibit (Motion to Determine Confidentiality of Document) filed.
|
Oct. 16, 2020 |
Exhibit to Notice of Filing (Confidential Exhibit; not available for viewing) filed. 
 Confidential document; not available for viewing. |
Oct. 15, 2020 |
CASE STATUS: Hearing Held. |
Oct. 12, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 07, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 06, 2020 |
Notice of Filing Exhibits filed.
|
Oct. 05, 2020 |
Petitioner's Amended Unilateral Pre-Hearing Stipulation filed.
|
Oct. 05, 2020 |
Unilateral Pre-Hearing Statement filed.
|
Oct. 05, 2020 |
Motion to Take Judicial Notice of School Board Policy 4008 filed.
|
Oct. 05, 2020 |
Respondent's Amended Exhibit List filed.
|
Sep. 10, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for October 15 and 16, 2020; 9:00 a.m.; Tallahassee; amended as to Zoom Conference).
|
Sep. 10, 2020 |
Order Denying Motion to Reset Hearing.
|
Sep. 03, 2020 |
Petitioner Broward County School Board's Amended Supplemental Responses to Respondent's Amended Requests to Produce Numbers 8 and 9 filed.
|
Aug. 28, 2020 |
Respondent's Motion to Reset Hearing filed.
|
Aug. 14, 2020 |
Petitioner Broward County School Board's Privilege Log filed.
|
Aug. 14, 2020 |
Petitioner Broward County School Board's Supplemental Responses to Respondent's Amended Request to Produce filed.
|
Aug. 05, 2020 |
Notice of Taking Deposition filed.
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Aug. 03, 2020 |
Amended Order on Motion for Ruling on Objections and to Compel Production of Documents.
|
Jul. 31, 2020 |
Order on Motion for Ruling on Objections and to Compel Production of Documents.
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Jun. 23, 2020 |
Reply to Petitioner's Response to Motion for Ruling on Objections filed.
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Jun. 22, 2020 |
Broward County School Board's Response to Respondent's Motion for Ruling on Objections and to Compel Production of Documents filed.
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Jun. 17, 2020 |
Motion for Ruling on Objections and to Compel Production of Documents filed.
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Jun. 15, 2020 |
Respondent's Response to Petitioner's Second Request for Production of Documents filed.
|
Jun. 04, 2020 |
Notice of Serving Answers to Petitioner's Second Set of Interrogatories filed.
|
May 29, 2020 |
Order Granting Continuance and Rescheduling Hearing (hearing set for October 15 and 16, 2020; 9:00 a.m.; Fort Lauderdale).
|
May 29, 2020 |
Agreed Motion to Reset Hearing filed.
|
May 27, 2020 |
Order Granting Respondent's Motion for Extension of Time.
|
May 14, 2020 |
Motion for Extension of Time to Respond to Interrogatories filed.
|
May 05, 2020 |
Notice of Service of Petitioner's Second Request for Production filed.
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Apr. 23, 2020 |
Respondent's Supplemental Response to Petitioner's First Request for Production of Documents filed.
|
Apr. 10, 2020 |
Notice of Service and Petitioner's Second Set of Interrogatories filed.
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Mar. 31, 2020 |
Order on Motions to Compel and Reopen Deposition.
|
Mar. 31, 2020 |
Order Denying Motion in Limine.
|
Mar. 31, 2020 |
Order Denying Motion for Judicial Notice.
|
Mar. 27, 2020 |
Petitioner's Reply to Respondent's Response to Broward County School Board's Motion to Compel and Motion to Re-Depose Respondent filed.
|
Mar. 18, 2020 |
Respondent's Response In Opposition to Request for Judicial Notice filed.
|
Mar. 18, 2020 |
Respondent's Response to Motion to Compel filed.
|
Mar. 13, 2020 |
Notice of Cancellation of Deposition filed.
|
Mar. 12, 2020 |
Petitioner Broward County School Board's Notice of Serving Answers to Respondent Pamela D. Beal's First Set of Interrogatories filed.
|
Mar. 12, 2020 |
Order Granting Continuance and Rescheduling Hearing (hearing set for June 17 and 18, 2020; 9:00 a.m.; Fort Lauderdale).
|
Mar. 12, 2020 |
Petitioner Broward County School Board's Unilateral Pre-Hearing Stipulation filed.
|
Mar. 12, 2020 |
Broward County School Board's Motion in Limine to Preclude Improper Character Evidence filed.
|
Mar. 11, 2020 |
Re-Notice of Taking Deposition filed.
|
Mar. 10, 2020 |
Broward County School Board's Motion to Compel Better Responses to Petitioner's First Request for Production filed.
|
Mar. 10, 2020 |
Motion to Take Judicial Notice of Certified Court Documents filed.
|
Mar. 09, 2020 |
Respondent's Schedule of Objections to Petitioner's Exhibit List filed.
|
Mar. 09, 2020 |
Respondent's Exhibit List filed.
|
Mar. 09, 2020 |
Respondent's Witness List filed.
|
Mar. 03, 2020 |
Notice of Taking Deposition (Liliana Ruido) filed.
|
Mar. 02, 2020 |
Amended Notice of Taking Deposition Duces Tecum filed.
|
Mar. 02, 2020 |
Notice of Service of Petitioner's Responses to Amended Request for Production, and Request for Entry Upon Land for Inspection and Other Purposes filed.
|
Feb. 24, 2020 |
Respondent's Response to Petitioner's First Request for Production of Documents filed.
|
Feb. 24, 2020 |
Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
|
Feb. 20, 2020 |
Amended Notice of Taking Deposition Duces Tecum filed.
|
Feb. 18, 2020 |
Amended Notice of Hearing (hearing set for March 19 and 20, 2020; 9:00 a.m.; Fort Lauderdale; amended as to hearing location).
|
Feb. 11, 2020 |
Notice of Serving First Set of Interrogatories to Petitioner filed.
|
Feb. 10, 2020 |
Amended Request to Produce filed.
|
Feb. 06, 2020 |
Response to Request for Admissions filed.
|
Feb. 04, 2020 |
Notice of Appearance (Andrew Carrabis) filed.
|
Feb. 03, 2020 |
Request for Entry Upon Land for Inspection and Other Purposes filed.
|
Feb. 03, 2020 |
Notice of Taking Depositions Duces Tecum filed.
|
Jan. 31, 2020 |
Request to Produce filed.
|
Jan. 17, 2020 |
Notice of Taking Deposition (Pamela Beal) filed.
|
Jan. 07, 2020 |
Notice of Service of Petitioner's First Set of Interrogatories, First Request for Production, and First Request for Admissions filed.
|
Jan. 07, 2020 |
Notice of Appearance (Maya Moore) filed.
|
Oct. 11, 2019 |
Order Granting Continuance and Rescheduling Hearing (hearing set for March 19 and 20, 2020; 9:00 a.m.; Fort Lauderdale, FL).
|
Oct. 10, 2019 |
Joint Motion for Continuance filed.
|
Oct. 07, 2019 |
Order of Pre-hearing Instructions.
|
Oct. 07, 2019 |
Notice of Hearing by Video Teleconference (hearing set for October 31 and November 1, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Oct. 04, 2019 |
Joint Response to Initial Order filed.
|
Sep. 27, 2019 |
Initial Order.
|
Sep. 26, 2019 |
Request for Administrative Hearing filed.
|
Sep. 26, 2019 |
Administrative Complaint filed.
|
Sep. 26, 2019 |
Agency action letter filed.
|
Sep. 26, 2019 |
Agenda Request Form filed.
|
Sep. 26, 2019 |
Referral Letter filed.
|
Orders for Case No: 19-005158TTS
Issue Date |
Document |
Summary |
Feb. 17, 2021 |
Agency Final Order
|
|
Jan. 04, 2021 |
Recommended Order
|
The school board failed to prove that an elementary school teacher slapped a student?s face in class and, thus, lacked just cause to suspend the teacher without pay for five days.
|