THE BROWARD COUNTY SCHOOL BOARD, FLORIDA ROBERT W. RUNCIE, Superintendent of Schoois, Petitioner, v. DAMIAN J. FRANCIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Robert W. Runcie, Superintendent of Schools of Broward County, Florida (“Petitioner”), through his undersigned counsel, files this Administrative Complaint against Respondent, DAMIAN J. FRANCIS (“FRANCIS”). The Petitioner seeks ‘a 3-day suspension of FRANCIS’ employment with the Broward County School Board (“BCSB”), pursuant to Chapter 120 and Sections 1001.51, 1012.27(5), 1012.33, 1012.55, and 1012.585, Florida Statutes and Rules 6A-5.056 and 6A-10.081 of the Florida Administrative Code. The Petitioner alleges the following: I. JURISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2 « The Petitioner is the Superintendent of Schools of Broward County, Florida. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules, and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County School Board, inclusive of FRANCIS. FRANCIS is an employee of the Broward County School Board and is currently employed as a teacher pursuant to a Professional Services Contract issued in accordance with Section 1012.33, Florida Statutes (2019). The last known address of the Respondent, FRANCIS, is 5733 Tuscany Way, Tamarac, Florida 33321. II. MATERIAL ALLEGATIONS This recommendation is based upon conduct that occurred during the 2019-2020 school year and is also based on progressive discipline intended to address a pattern of excessive absenteeism and failure to have lesson plans in the classroom. FRANCIS is a Second Grade Teacher, who at all times material, was employed at Endeavour Primary Learning Center 10. 17. iz. (“ENDEAVOUR”) . FRANCIS was hired by the Broward County School Board on August 2, 2005, as a Second Grade Teacher. 2009-2010 During the 2009-2010 school year, FRANCIS exhausted all his personal and sick leave. In addition, he took nine (9) full days of unpaid leave. The dates for the days of unpaid leave of absence are reflected in Exhibit “A”. 2010-2011 During the 2010-2011 school year, FRANCIS exhausted all his personal and sick leave, and he took an additional three (3) full days of unpaid leave, as well as, three (3) partial days of unpaid leave. The dates for the days of unpaid leave of absence are reflected in Exhibit “B”. 2011-2012 During the 2011-2012 school year, FRANCIS exhausted all his personal and sick leave, and he took an additional nineteen (19) full days of unpaid leave, as well as, one (1) partial day of unpaid leave. The dates for the days of unpaid leave of absence are reflected in Exhibit “C”. 2013-2014 During the 2013-2014 school year, FRANCIS exhausted all his personal and sick leave, and he took an additional three 13. 14. 15s 16. (3) full days of unpaid leave, as well as, two (2) partial leave of absence are reflected in Exhibit “D”. 2015-2016 During the 2015-2016 school year, FRANCIS exhausted all his personal and sick leave, and he took an additional three (3) full days of unpaid leave, as well as, one (1) partial day of unpaid leave. The dates for the days of unpaid leave of absence are reflected in Exhibit “E”. 2016-2017 During the 2016-2017 school year, FRANCIS exhausted all his personal and sick leave, and he took an additional seventeen (17) full days of unpaid leave, as well as, one (1) partial day of unpaid leave. The dates for the days of unpaid leave of absence are reflected in Exhibit “F”. 2017-2018 During the 2017-2018 school year, FRANCIS exhausted all his personal and sick leave, and he took an additional two (2) partial days of unpaid leave. The dates for the days of unpaid leave of absence are reflected in Exhibit “G”. 2019-2020 During the 2019-2020 school year, FRANCIS has continued to have excessive absences and failed to adhere to the 17. 18. 19. 20. 21. directive of submitting a doctor’s note for absences. In failed to provide curren III. PREVIOUS DISCIPLINE AND DIRECTIVES On or about March 27, 2017, FRANCIS received a verbal reprimand regarding his excessive absences, failure to report absences in Smart Find Express and failure to have current lesson plans available in the classroom. On or about June 6, 2018, FRANCIS received a written reprimand for his continued excessive absenteeism, failure to report absences in a timely matter, tardiness and not having current lesson plans available in the classroom in the event of absence. On or about October 11, 2019, FRANCIS received a written reprimand for his failure to submit lesson plans for the 2018-2019 school year. ADMINISTRATIVE CHARGES Petitioner realleges and incorporates herein by reference the allegations set forth in paragraphs one (1) through nineteen (19) above. Just cause exists for the requested relief pursuant to Fla. Stat. § 1012.33, Sections 6A-5.056 and 6A-10.081, F.A.C., the Respondent’s employment contract, School Board rules and regulations, the Code of Ethics of the Education promulgated by the School Board. 22. “Just cause” means cause that is legally sufficient. “Just cause” includes, but is not limited to: kk B. “Misconduct in Office” means one or more of the following: 1. A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6A- 10.080, F.A.C.3; 2 A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6A-10.081, F.A.C.; 3. A violation of the adopted school board rules; 4. Behavior that disrupts the student's learning environment; or 5. Behavior that reduces the teacher's ability or his or his colleagues' ability to effectively perform duties. Cs “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity. 1. “Inefficiency” means one or more of the following: a. Failure to perform duties prescribed by law; Ba Failure to communicate appropriately with and relate to students; Cc. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents; d. Disorganization of his or his classroom to such an extent that the health, safety or welfare of the students is diminished; or e. Excessive absences or tardiness. 2s “Incapacity” means one or more of the following: a. Lack of emotional stability; b. Lack of adequate physical ability; ' Repealed 3-23-16. 23. 24. a, Lack of general educational background; or d. Lack of adequate command of his or his area of special D. “Gross insubordination” means the intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority; misfeasance, or malfeasance as to involve failure in the performance of the required duties. E. “Willful neglect of duty” means intentional or reckless failure to carry out required duties. ka A. JUST CAUSE Respondent’s actions, as alleged in paragraphs six (6) through nineteen (19), incorporated herein by reference, constitute just cause to terminate his employment. B. MISCONDUCT IN OFFICE Respondent’s actions, as alleged in paragraphs six (6) through nineteen (19), incorporated herein by reference, constitute misconduct in office by violating Fla. Stat. §1012.33 and 6A-5.056(2)(c) through (e) and 6A-10.081 of the Florida Administrative Code. Respondent’s excessive absences violated school board policies as well as disrupted his students’ learning environment. Additionally, Respondent’s absences also affected his ability to perform his teaching duties effectively. c. INCOMPETENCY 25. 26. 27. 28. Respondent’s actions, as alleged in paragraphs six (6) constitute incompetency as a result of inefficiency. Respondent failed to perform duties prescribed by law by accumulating an excessive amount of absences. D. GROSS INSUBORDINATION Respondent’s actions, as alleged in paragraphs six (6) through nineteen (19), incorporated herein by reference, constitute gross insubordination. FRANCIS’ supervisors have previously directed on several occasions to discontinue his pattern of excessive absenteeism, as well as, to discontinue the use of unpaid leave. E. WILLFUL NEGLECT OF DUTY Respondent’s actions, as alleged in paragraphs six (6) through nineteen (19), incorporated herein by reference, constitute willful neglect of duty by his continued failure to regularly attend work as an educator and his failure to follow the directive of his supervisors. F. ABSENCE WITHOUT LEAVE Respondent’s actions, as alleged in paragraphs six (6) through nineteen (19), incorporated herein by reference, violated §1012.67 Fla. Stat., which provides that any “district school board employee who is willfully absent 29. 30. 31. from duty without leave... shall be subject to termination by the district school board.” G. SCHOOL BOARD POLICY 4008 School Board Policy 4008, requires “all employees who have been issued contracts to comply with the provisions of the Florida School Code, State Board Regulations and regulations and policies of the Board.” Respondent is in violation of School Board 4008(B), which requires that “members of instructional staff shall perform the following functions”: 33 Infuse in the classroom, the District’s adopted Character Education Traits of Respect, Honesty, Kindness, Self-Control, Tolerance, Cooperation, Responsibility and Citizenship. ka 8. Conform to all rules and regulations that maybe prescribed by the State Board and by the School Board. Additionally, Policy 4008(C) requires the following: e Instructional personnel to work 196 days, 180 of which must be devoted to working full-time on instructional matters. Instructional personnel must be on duty a minimum of seven and one-half (7 1/2) hours daily. * All members of the instructional staff shall be expected to teach a full schedule of classes, unless prior approval from the Area Superintendent or Superintendent of Schools has been obtained. cre 33. 34. E. Length of Workday: “The employees’ workday shall be seven and one-half (7 %) consecutive hours, including the lunch period. The normal teaching load for assigned classes shall not exceed a daily average of three hundred (300) minutes.” as defined by the CBA. Three, Section A.4.: 4, Use of Sick Leave: An employee shall have the right to use sick leave in one-half or full-day units, for the purpose of medical or dental appointments. If an immediate supervisor suspects an abuse of sick leave, he or she shall first investigate the matter and discuss’ the findings with the affected employee. An abuse of sick leave is defined as a pattern or series of absences, which occur over an extended period of time and on a regular and predictable basis and without adequate justification. For example a regular and predictable basis would be: sick leave being used as soon as earned; absence on only Mondays or Fridays; absences occurring on the days before or after a holiday period; absences occurring on the day after a payday on a regular basis. 10 EH. COLLECTIVE BARGAINING AGREEMENT Respondent’s actions violate the Collective Bargaining Agreement (“CBA”), Article Five, “Conditions of Employment”: Due to the Respondent's repeated excessive absences, he was unable to work the required consecutive hours and minutes In addition, Respondent’s actions violate Article Twenty- If the investigation sustains that a en ahi a ~ - € tac ed pattern of abuse Fan b io) fe) Ee a. ue] ray b 5 © 6 Mi d employee may be subject to action as per Article section B DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the School Board formally suspend the Respondent for three (3) days, DAMIAN J. FRANCIS, for the foregoing facts and legal authority. y 2020. eI EXECUTED this day of Febr ROBERT W. RUNCIE, Superintendent of Schools, Broward County Respectfully submitted: Douglas G. Griffin, Esq. Assistant General Counsel Maya A. Moore, Esq. Assistant General Counsel NOTICE If you wish to contest the charges, you must, within 15 calendar days after receipt of the written notice, submit a written request for a hearing to Robert Ww. Runcie, Superintendent, Broward County School District, 600 3™4 Ave., Ft. Lauderdale, FL, 33301. If timely requested, such hearing shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120, Florida Statutes. FAILURE TO TIMELY REQUEST A HEARING WILL RESULT IN A WAIVER OF THE RIGHT TO CONTEST THE CHARGES. IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER. 12 EXHIBIT "A" 2009-2010 FMLA ABSENCES DAMIAN J. FRANCIS | Name ofemployee [| Date “TA ce tyoe | Hours | FMLA FRANCIS, DAMIAN J. 9/29/2009 [FRANCIS, DAMIAN J. 0/19/2009 FRANCIS, DAMIAN J. 11/6/2009 FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. /12/2009 SCK FRANCIS, DAMIAN J. N FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. N FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. N FRANCIS, DAMIAN J. : FRANCIS, DAMIAN J. /23/2009 SCK FRANCIS, DAMIAN J. [24/2009 SCK 7.50 FRANCIS, DAMIAN J. /25/2009 SCK 7.50 N FRANCIS, DAMIAN J. /30/2009 SCK 7.50 N FRANCIS, DAMIAN J. 12/1/2009 SLD 7.50 N FRANCIS, DAMIAN J. 12/2/2009 SLD 7.50 FRANCIS, DAMIAN J. 12/3/2009 SLD 7.50 N FRANCIS, DAMIAN J. SLD 7.50 FRANCIS, DAMIAN J. SCK 7.50 N FRANCIS, DAMIAN J. 2/3/2010 SCK 7.50 N 2/4/2010 SCK 7.50 N FRANCIS, DAMIAN J. 3/15/2010 SCK 7.50 N FRANCIS, DAMIAN J. 3/16/2010 SCK 7.50 N FRANCIS, DAMIAN J. 3/17/2010 SCK 7.50 N FRANCIS, DAMIAN J. 3/18/2010 SCK N FRANCIS, DAMIAN J. 3/19/2010 SCK 7.60 N FRANCIS, DAMIAN J. N FRANCIS, DAMIAN J. 3/23/2010 SCK N FRANCIS, DAMIAN J. SCK 7.50 N FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. 3/26/2010 SCK 7.50 N FRANCIS, DAMIAN J. 4/6/2010 SLD N FRANCIS, DAMIAN J, N S, DAMIAN J. 4/8/2010 N FRANCIS, DAMIAN J. 4/9/2010 N S, DAM J IS, DAMIA a S Zz oO ; a w > Zz ( oO : > Zz S, DAMIAN J. S, DAMIAN J. 4/16/2010 s Ss, DAMIAN J. sc S, DAMIAN J. S S, DAMIAN J. ___| 5/3/2010 | FRANCIS, DAMIAN J 5/3/2010 TT) nin A|waIwzw SIS1S ZiZiz felfel te! S, DAMIAN J. 5/4/2010 S, DAMIAN J. S, DAMIAN J. IS, DAMIAN J. S, DAMIAN J. 5/14/2010 | S, DAMIAN J. 5/17/2010 | S.DAMIAN J. [ 5/18/2010 | Ss, DAMIAN J. | 5/19/2010 | S, DAMIAN J. 5/20/2010 | ___ iS, DAMIAN J. am [4 | 5/24/2010 | | s/26/2010 [Pv | 7.80 [ON | FRANCIS, DAM S, DAM Ss, DAM S, DAM Ss, DAM S, DAM AN J. AN J. AN J. AN J. AN J. AN J. FRANCIS, DAMIAN J. 10/21/2010 EXHIBIT "B" 2010-2011 FMLA ABSENCES DAMIAN J. FRANCIS SCK N SCK 7,50 7.50 11/23/2010 S, DAMIAN J. S, DAMIAN J. i 1/6/2011 SCK 1/10/20 SCK 7.50 7.50 S, DAMIAN J. S, DAMIAN J. 3/4/2011 SCK 3/23/20 S, DAMIAN J. FRANCIS, DAMIAN J 4/1/2011 | | 4/15/2011 | 5/9/2011 | “Fe Zz 5/18/20 EXHIBIT "C" 2011-2012 FMLA ABSENCES FRANCIS, DAMIAN J. 10/5/201 FRANCIS, DAMIAN J. 0/14/2011 SCK FRANCIS, DAMIAN J. 0/21/2011 7.50 FRANCIS, DAMIAN J 1/21/2011 FUR . \/a2"201 i/2a/o011} $CK 1/29/20 1/30/20) N nn coy N rsa] co} SCK NJ i2/710N 26/7011 FRANCIS, DAMIAN J 1/11/2012 2753/2012 3/2/2012 |__sC 3/6/2012 [PON FRANCIS, DAMIAN J. 3/6/2012 | FRANCIS, DAMIAN J. 3/7/2012 | FRANCIS, DAMIAN J. 3/8/2012 FRANCIS, DAMIAN J. 4/11/20 FRANCIS, DAM . 4/12/2012 | FRANCIS, DAM . 4/20/2012 | FRANCIS, DAM ‘ 5/9/2012 | FRANCIS, DAMIAN J. 5/10/20 FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. 5/16/20 FRANCIS, DAMIAN J. 5/17/2012 FRANCIS, DAMIAN J. 5/18/2012 FRANCIS, DAMIAN J. FRANCIS, DAM . 5/22/2012 FRANCIS, DAM . ND Or} Or yx oan es it be NTN Loy Ke) NPN | ND FRANCIS, DAM : 5/29/20 FRANC FRANC FRANC FRANC FRANC FRANC FRANC FRANC EXHIBIT "D" 2013-2014 FMLA ABSENCES DAMIAN J. FRANCIS 11720" d S, DAMIAN J. S. DAMIAN J. | 1174/2013 [_ SCK_| 7.50] N Ss, DAM 11/6/2013 SCK S, DAM 12/4/2013 SCK S, DAM 12/5/2013 SCK FRANCIS, DAMIAN J. 1/17/2014 SCK Ss, DAMIAN J. 7.50 N S, DAMIAN J. 1/31/2014 SCK S, DAMIAN J. 2/3/2014 [| PLV | 4.50 | ON SY Tow] 7.50 [nN] | 350 [ON] S, DAMIAN J. 5/1/2014 SCK S, DAMIAN J. 5/19/2014 | [750 | oN | S$, DAMIAN J. 5/27/2014 PLY | 7.50 | Ni EXHIBIT "E" 2015-2016 FMLA ABSENCES DAMIAN J. FRANCIS a ol > S, DAMIAN J. S, DAMIAN J. IS, DAMIAN J. S, DAMIAN J. AN S$, DAMIAN J. SCK S, DAMIAN J. 1/22/2016 SCK S, DAMIAN J. SLO ; S, DAMIAN J. S, DAM . 3/10/20 FRANCIS, DAM 3/15/20 FRANCIS, DAMIAN J. 3/28/2016 FRANCIS, DAMIAN J. 3/29/2016 FRANCIS, DAMIAN J. 3/30/2016 FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. 4/1/2016 | FRANCIS, DAMIAN J. 4/12/2016 | FRANCIS, DAMIAN J. 4/13/2016 | “TEE “Tt Alwzw >| > Zz elle’ a oO > = =a] na] oo AAA >| >| > ZIZIZ Oy;O;O FRANC AN wa S Zz O an > ee c On EXHIBIT "F" 2016-2017 FMLA ABSENCES DAMIAN J. FRANCIS ae nate | Absence ty {EME pro/ii/2oreyspR_ | 7.50 | ON | FRANCIS, DAMIAN J. 7.50 FRANCIS, DAMIAN J. SCK AN J. 2/8/2017 | 2/9/2017 | iS, DAMIAN J. 2/10/2017 | S, DAMIAN J. 2/13/20 S, DAMIAN J. 2/14/20 S, DAMIAN J. 2/15/20 2/16/20 2/17/20 2/21/20 S, DAMIAN J. 2/22/20 S, DAMIAN J. 2/23/20 S, DAMIAN J. 2/24/20 : ™N NIN : NU : : : N 201 EXHIBIT "G" 7-2018 FMLA ABSENCES DAMIAN J. FRANCIS FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. | 11/9/2017 FRANCIS, DAMIAN J. 11/15/2017 SCK FRANCIS, DAMIAN J. | 7.50 | N_ | FRANCIS, DAMIAN J. FRANCIS, DAMIAN J. 4/18/2018 SCK 7.50 FRANCIS, DAMIAN J. SCK 7.50 FRANCIS, DAMIAN J. 4/23/2018 FRANCIS, DAMIAN J. 4/24/2018 FRANCIS, DAMIAN J. THIS HAS BEEN ISSUED AT THE REQUEST OF: Douglas G. Griffin, Esq., (754)321-2050 RECEIVED THIS ee _AND ADMINISTRATIVE COMPLAINT ON: FEL. LE. 2026, at WHA o'clock, 4..m., and served the same on _ZE LF e ra g 2025, at [/ ¢ tg o' clock, /f -m., by delivering a true copy thereof (together with the fee for one day's attendance and the mileage allowed by law*) to: DP MLAB. LIAM CS COMPLETE IF SERVED BY we LAW ENFORCEMENT OFFICER ahaa LEL Yeah 0 de, at AS ee o'clock, JE ™ Z ZZ Z FE C5f2 fy Sis Title: QDETDE ae i Secs"

Docket for Case No: 20-001334TTS