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BROWARD COUNTY SCHOOL BOARD vs PAMELA D. BEAL, 19-005158TTS (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005158TTS Visitors: 23
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: Jun. 30, 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:


  1. No party filed exceptions.


  2. The SCHOOL BOARD adopts the Recommended Order in its entirety, which is incorporated herein by reference (see Recommended Order attached hereto as Exhibit "A").

  3. 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.
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.
Jun. 23, 2020 Reply to Petitioner's Response to Motion for Ruling on Objections filed.
Jun. 22, 2020 Broward County School Board's Response to Respondent's Motion for Ruling on Objections and to Compel Production of Documents filed.
Jun. 17, 2020 Motion for Ruling on Objections and to Compel Production of Documents filed.
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.
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.
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.
Source:  Florida - Division of Administrative Hearings

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