STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PALM BEACH COUNTY CASE NO. SCHOOL BOARD, Petitioner, VS. ADRIANA DELGADO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, PALM BEACH COUNTY SCHOOL BOARD, (hereinafter ““Board”) by and through its undersigned counsel, and hereby files this Administrative Complaint against Respondent, ADRIANA DELGADO (“Respondent”). The Petitioner seeks suspension without pay and termination of Respondent’s employment with the School District of Palm Beach County and respectfully alleges as follows: JURISDICTION AND VENUE 1. The agency is the School Board of Palm Beach County, Florida, located at 3300 Forest Hill Boulevard, West Palm Beach, Florida 33406-5869, Attn: Board Secretary. 2. Donald E. Fennoy, IL Ed.D. is the duly appointed Superintendent of Schools of Palm Beach County, Florida. The address of the Agency head is: Superintendent of Schools, School District of Palm Beach County, c/o Shawntoyia Bernard, Esquire, 3300 Forest Hill Boulevard, C-331, West Palm Beach, Florida 33406. 3. The Superintendent is statutorily obligated to recommend the placement of school personnel and to require compliance and observance by all personnel of all laws, policies, and directives of the School Board, the State of Florida, and the federal government. Pursuant to §1012.27(5), Florida Statutes, the Superintendent has the authority to recommend to the School Board of Palm Beach County, Florida that school district employees be suspended and terminated from employment. 4. Adriana Delgado, is an employee of the School District of Palm Beach County. 5. The last known mailing address of the Respondent is 3166 Via Poinciana #5, Lake Worth, FL 33467. The Respondent was duly notified by letter dated October 26, 2020, of the recommendation for termination, a copy of which is attached hereto as Exhibit “A”. 6. The Respondent timely requested an appeal of this disciplinary action, a copy of her request is attached hereto as Exhibit “B”. MATERIAL ALLEGATIONS 7. This recommendation is based upon conduct occurring during the 2019-2020 school year. 8. At all times relevant to this complaint, Respondent was a teacher at Greenacres Elementary School within the School District of Palm Beach County. 9. Respondent most recently completed the district required training regarding School Board Policy 3.02, Code of Ethics on or about October 30, 2018. 10. Respondent began her employment with the School District of Palm Beach County on January 7, 1997. 11. The Respondent is an experienced teacher who has been trained on the proper methods of interacting with students, exercising best professional judgment, and following policies, rules, and directives. 12. On January 6, 2020, Respondent did not provide accurate information regarding her attendance at an assigned Professional Development Day (PDD). Respondent did not attend her scheduled guided reading training from 9:00 am to 12:00 pm on January 6, 2020 nor did she attend her scheduled common planning from 1:00 pm to 3:30 pm as instructed for the grade that she supports. 13. Between January 7, 2020 and March 4, 2020, Respondent failed to comply with her morning duty post expectations. 14. Respondent had previously received Conference Notes for not adhering to her schedule for late arrivals and was directed to adhere to her work schedule at all times and she continued to disregard those directives. 15. On or about February 24, 2020 it was determined that Respondent did not comply with short term leave regulations. The Respondent’s attendance records from January 6, 2020 until March 3, 2020 demonstrated the following: e Respondent was absent without pay for sixty-eight (68) hours or nine (9) duty days; e Respondent submitted thirteen Leaves/Temporary Duty Elsewhere (TDE) Applications for fourteen of her absences. Twelve of the application requests were for short-term leave. Those short-term leave application requests were completed incorrectly. e On nine occasions, Respondent requested Personal Leave without the required forty-eight (48) hours advance notification. ADMINISTRATIVE CHARGE AND VIOLATIONS 16. Petitioner re-alleges and incorporates herein by reference the allegations set forth in paragraphs 1-15 above. 17. Section 1012.22(1)(f), Florida Statutes, allows the district school board to suspend, dismiss, or return to annual contract members of the instructional staff and other school employees. 18. Pursuant to the Classroom Teacher’s CBA!, Article I, Section M, Discipline of Employees (Progressive Discipline), “Without the consent of the employee and the Union, disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by clear and convincing evidence which supports the recommended disciplinary action.” 19. Pursuant to the due process provisions of Florida Statutes § 120.569, 120.57, 120.68, and 1012.27, the School District files this Administrative Complaint for suspension without pay and termination from the School District of Palm Beach County, Florida, for violation of the following: 1. Failure to Exercise Best Professional Judgment e School Board Policy 3.02(4)(a), (4)(b), (4)(f), (4)(h) and (4)G), Code of Ethics e 6A-10.081(1)(c), F.A.C., Principles of Professional Conduct for the Education Profession in Florida e 6A-10.081(2)(c)(1), F.A.C., Principles of Professional Conduct for the Education Profession in Florida 2. Misuse of Time/Attendance e School Board Policy 3.80(1), Leave of Absence e School Board Policy 3.80(2)(c)(A), Leave of Absence e Collective Bargaining Agreement with CTA, Article V, Leaves, Section D(1) 3. Gross Insubordination: Failure to Follow Policy, Rule or Directives e School Board Policy 3.10(6), Conditions of Employment with the District e School Board Policy 1.013(1), Responsibilities of School District Personnel and Staff 4. Other Supporting Authorities e School Board Policy 3.80(3), Leave of Absence e Collective Bargaining Agreement with CTA, Article II, Section M, Discipline of Employees (Progressive Discipline) e School Board Policy 3.27, Suspension and Dismissal of Employees e 6A-5.056, F.A.C., Criteria for Suspension and Dismissal 1 Collective Bargaining Agreement between the School Board of Palm Beach County, Florida and Classroom Teachers’ Association 20. School Board Policy 3.02(2) specifically states that: Violations of this Code of Ethics may result in administrative or disciplinary action, up to and including suspension, dismissal, or other actions as required by law. Additionally, violations of the above mentioned School Board Policies and Administrative Rules are prohibited by School Board Policy 1.013(1), which states: It shall be the responsibility of the personnel employed by the district School Board to carry out their assigned duties in accordance to federal laws, rules, state statutes, state board of education rules, school board policy, superintendent’s administrative directives and local school and area rules. 21. The foregoing allegations are the basis for charges upon which the employment of the Respondent may be suspended without pay as set forth in § 1012.27(5), Fla. Stat.; School Board Policy 1.013; Responsibilities of School District Personnel and Staff; and School Board Policy 3.27; Suspension and Dismissal of Employees: Article Il, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2), F.A.C., Misconduct in Office, for the violations stated above. 22. Accordingly, “just cause” exists for the Respondent to be disciplined by way of a suspension without pay and termination pursuant to § 1012.27(5), Fla. Stat.; School Board Policies 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees; Article Il, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2)(a) and (b); (4) F.A.C., Misconduct in Office, for the violations stated above. RELIEF WHEREFORE, Petitioner respectfully requests that an Administrative Law Judge declare that the Respondent’s actions set forth above constitute “just cause” for suspension without pay and termination of Respondent’s employment. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was e-filed via the DOAH eALJ Portal to Nick Caggia, Esquire, Counsel for the Respondent at nick@tjlawpa.com and marybeth@tjlawpa.com located at Johnson & Caggia Law Group, P.A., 510 Vonderburg Drive, Suite 303, Brandon, Florida 33511 on this 9th day of December, 2020. The School Board of Palm Beach County, Florida General Counsel Shawntoyia Bernard, Esquire 3300 Forest Hill Blvd., Suite C-331 West Palm Beach, FL 33406 Telephone: 561.434.8072 Facsimile: 561.434.8105 danielle.williams@palmbeachschools.org jean.middleton@palmbeachschools.org vericcia.mccreary@palmbeachschools.org mary.quesada@palmbeachschools.org By: /s/ V. Danielle Williams V. DANIELLE WILLIAMS, ESQ. Florida Bar No.72229 JEAN MARIE MIDDLETON, ESQ. Florida Bar No. 147532 Attorneys for Petitioner

Docket for Case No: 20-005358TTS