STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KIMBERLY WHYLEY, Petitioner, Vv. Case No.: SCHOOL BOARD OF SARASOTA COUNTY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, KIMBERLY WHYLEY ("Petitioner" or "Officer Whyley"), by and through undersigned counsel, hereby files this Administrative Complaint against Respondent, SCHOOL BOARD OF SARASOTA COUNTY ("Respondent"), and alleges as follows: JURISDICTION 1. At all times pertinent hereto, Petitioner was employed as a student resource officer for Respondent in Sarasota County, Florida. 2. Respondent has a contract with the Division of Administrative Hearings ("DOAH") to conduct hearings to address alleged violations of the Florida Whistle- blower Act, sections 112.3187-112.31895, Fla. Stat. GENERAL ALLEGATIONS 3. Respondent employed Petitioner as a student resource officer (SRO) from about July 8, 2019 through January 15, 2020. 4. In early September 2019, around six (6) female students confided in Petitioner that a male teacher was inappropriately touching them in a sexual manner. Page 1 of 4 5. The six (6) female students reported to Petitioner that they previously reported this to the Assistant Principal, but no action was taken. 6. Officer Whyley immediately reported what she learned to law enforcement (Sergeant Dominguez and Sergeant Gale, both supervisory personnel for Respondent and over Officer Whyley), and also to the Florida Department of Children and Families (DCF). 7. Officer Whyley also prepared and submitted a written report (Offense Incident Report) to Sergeant Gale regarding the matter, which was signed and submitted electronically. 8. Sergeant Dominguez directed Officer Whyley to contact Sergeant Gale (another supervisory employee of Respondent). 9. Sergeant Gale then ordered Officer Whyley to stop her investigation (beyond reviewing outside security cameras). 10. Shortly after contacting Sergeant Gale, and on the same day, the Principal ordered Officer Whyley to report to his office, where there was a meeting with the Principal, Assistant Principal, and others. 11. The Principal and Assistant Principal expressed that they were angry that Officer Whyley commenced a criminal investigation and reported the matter to DCF. 12. Immediately after Officer Whyley reported the matter to law enforcement and DCF, the Principal began to aggressively retaliate. 13. | The Principal, for instance, wrote an e-mail to Officer Whyley's supervisor the next day falsely alleging Officer Whyley suffered "short dog syndrome," that Officer Whyley was a "loose cannon," in addition to other disparaging statements. Page 2 of 4 14. | Subsequently, the Principal and Respondent placed Officer Whyley on administrative leave under false pretenses, to wit, the Principal and Respondent invented out of whole cloth, maliciously investigated, and targeted Officer Whyley for a routine incident Officer Whyley was involved with and handled correctly. 15. Officer Whyley's file has also been padded with complaints. Before the subject reporting, Officer Whyley had not received any complaints from her supervisors. 16. On January 15, 2020, Respondent terminated Petitioner's employment. STATUTE VIOLATIONS COUNT I - Violation of Florida Statutes, Section 112.3187 17. Petitioner re-alleges and incorporates paragraphs 1 through 16 of the Administrative Complaint as if set forth fully herein. 18. |The Respondent is in violation of Section 112.3187, Florida Statutes, in that Respondent has terminated, disciplined, and taken other adverse personnel action against Petitioner for disclosing an actual or suspected violation law committed by an employee of Respondent. 19. The information was disclosed to appropriate local officials, including the multiple sergeants (who were Petitioner's supervisors), the Principal, and the Vice- Principal. 20. Respondent's retaliatory conduct and wrongful termination of Petitioner have caused Petitioner to suffer damages, including without limitation, financial loss, damage to reputation, and mental suffering and anguish. WHEREFORE Petitioner prays for an Order which allows for the following relief: a. Backpay; Page 3 of 4 b. Temporary Reinstatement; C. Reinstatement, or in the alternative, front pay; d. Compensatory damages; e. An award of reasonable attorneys’ fees and costs incurred herein; and f. Such other and further relief as is deemed just and proper. WELDON & ROTHMAN, PL 2548 Northbrooke Plaza Drive Naples, Florida 34119 Tel: (239) 262-2141 Fax: (239) 262-2342 Primary E-Mail: BRothman@weldonrothman.com Secondary cic Shell@weldonrothman.com By: [> Bradley P. Rothman, Esq. Florida Bar No.: 0677345 Counsel for Petitioner Page 4 of 4

Docket for Case No: 20-001333