wei we aa Ibi Z>oAM DOE HRD P.26 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as 4 UL ple Commissioner of Education, ; 00 | ot 3 "Petitioner, VS. CASE NO. 990-1593-M ‘JOSEPH J. GAGLIANO, j Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Joseph J. Gagliano. The Petitioner seeks the appropriate disciplinary sanction ! of the Respondent's educator’s certificate pursuant to Sections 231,262 and 231.28, Florida Statutes, and pursuant to Rule 6B~1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections _ 231.262(6) and 231.28(1), Florida Stamnes. . The Petitioner alleges: 7. go aspiction 1. The Respondent holds Florida Educator’s Certificate 335048, covering the areas i of Early Childhood Education, Elementary Education, Reading and English, which is valid i through June 30, 2002, 2, At all times pertinent hereto, the Respondent was employed as a Reading teacher at Pine Ridge Middle School, in the Collier County School District. MATERIAL ALLEGATIONS i 3, On or about December 7, 1999, the Education Practices Commission issued a final order placing Respondent on one year employment probation. As part of that probation order. t Respondent was required not to violate the code of ethics of the school board policy and perform i - his duties in an acceptable manner. During the 1999-2000 school year, Respondent violated his . Ve OR ae A eorr wut AKU P.3/8 Joseph J, Gagliano Administrative Complaint Page 2 of 3 probation and acted inappropriately when he touched female students on the arm, leg and buttocks. Respondent gave and solicited neck and shoulder messuages from female students, sat on the laps of female students, placed his head on the chest of a female student, and told a female student that he loved her and attempted to kiss a female student an Valentine’s Day. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section ~ 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(8, Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school hoard. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Floride Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education, RULE VIOLATIONS COUNT 4: ‘The allegations of misconduct set forth hersin are in violation of Rule 6B- 1,006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical safety. ’ COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3}(e), Florida Administrative Code, in that Respondent has intentionally exposed a student _ to unnecessary embarrassment or disparagement, COUNT 6: The allegations of misconduct set forth hertin are in violation of Rule 6B- 1.006¢3)(h), Florida Administrative Cade, in that Respondent has exploited a relationship with a student for personal gain or advantage. ' Wel Ge OS LY bo UU HRU Pe.46 Joseph J. Gagliano Administrative Complaint Page 3 of 3 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(0), Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice, WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the~ authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, ar combination thereof, for ~ the reasons set forth herein, and jn accordance with the Explanation and Election of Rights forms ios which are attached hereto and made a part hereof by reference. _ EXECUTED on this_2/ 21 dayof_Qugas , 2000. Stare of Florida, OFFICE OF THE DIRECTOR RISK MANAGEMENT 3710 Estey Avenue Napies, Florida 34104-4499 (941) 436-6593 (941) 436-6469 FAX Memorandum To: Allun R. Hamblett, Executive Director of Human Resources ) From: Peter DeBaun, Internal Investigator ite WV. Q~ Date: May 19, 2000 Re: Joseph Gagliano Please accept this report relating to the allegations raised against Mr. Gagliano. Summary of the Incidents: On Wednesday, May 3, 2000, a female eighth grade student (Student #2) reported to the Office at Pine Ridge Middle School (PRMS) and stated that she had witnessed Mr. _ Gagliano touching a female sixth grade student on the back of the thighs and buttocks. The female sixth grade student (Student #1) was called to her guidance counselor’s office where she disclosed the incident to the guidance counselor without being prompted. A preliminary investigation was done on Thursday, May 4, 2000. Based upon the information gathered in the preliminary investigation, and upon the authority of the Superintendent of Schools, Mr. Gagliano was placed on Administrative Leave with Pay during the pendency of the investigation. On Monday, May 8, 2000, the substitute teacher replacing Mr. Gagliano reported that the students in another class were discussing Mr. Gagliano and potential inappropriate actions taken by Mr. Gagliano with other students, Two students were interviewed on Monday, May 15, 2000. A female eighth grade student (Student #3) stated that she had observed Mr. Gagliano sit on a seventh grade female student’s (Student #4) lap when Students #3 and #4 were kept after class. Additionally, student #3 stated that Mr. Gagliano solicited “neck” or “shoulder” rubs from his female students. Student #4 stated that Mr. Gagliano had sat on her lap, that Mr. Gagliano did solicit “neck” or “shoulder” COLLIER COUNTY CHARACTER EDUCATION TRAITS Fairness Honesty Kindness Perseverance Respect Responsibility Self-Discipline THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS / EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT mrereutp rarer tubs from female students in his class and that Mr. Gagliano did touch the front and the back of her thigh with his open hand. Investigation: This investigation consisted of reviewing ‘paper records and interviewing fourteen witnesses, some witnesses on two occasions. Allegations against Joseph Gagliano: 1. That Mr. Gagliano touched a female sixth grade student on the back of the thigh and extended the “caress” upwards over both buttocks for an extended period of time, causing her discomfort. ; - 2, That Mr. Gagliano “hugged” a female sixth grade student on the chest, placing his face in close proximity to her breast, causing her discomfort. : ‘ 3. That Mr. Gagliano “sat” on a seventh grade student’s lap, causing her discomfort. 4. That Mr. Gagliano touched a seventh grade student on the back of the thigh, causing her discomfort. . 5. That Mr. Gagliano has solicited “neck rubs” from the female students in one of his classes. : Governing Policies/Codes: If the allegations against Mr. Gagliano are substantiated, he could be found in violation of the following Policies/Codes. - School Board of Collier County, Florida, Policy No.: GCQE (Responsibilities of Teachers) “Each teacher shall faithfully teach to the best of his or her ability all of the children assigned to him or her for instruction.” - School Board of-Collier County, Florida, Policy No.: GBAA JBAA (Zero Tolerance for discriminatory and Harassing Misconduct by Personnel and - Students. “...The District’s goal is to encourage and promote a healthy academic and work setting free from sexually intimidating, harassing and degrading behaviors that create a hostile environment that injures not only trust and self- esteem, but also reduces the ability and/or desire to perform, achieve and realize one’s potential. In the area of sexual harassment and sexual misconduct, such conduct shall consist of gender oriented misconduct; unwanted sexual advances, requests for sexual favors, or inappropriate physical contact ... that serve to create an intimidating, hostile, offensive or abusive work or school environment...” nw Any employee ... who engages ... any such misconduct ... shall be subject to disciplinary action up to and including termination as recommended by the Superintendent.” ; - The Code of Ethics and the Principles of Professional conduct of the Education Profession in Florida, State Board of Education Rule 6B-1.006, (3)(a): (The individual) Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety. . . . - Rule 6B-1.006, (3)(e): (The individual) Shalt not intentionally expose a student to unnecessary embarrassment or disparagement. . - Rule 6B-1.006, (3)(g) (The individual) Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. - Rule 6B-1.006,(3)(h) (The individual) Shall not exploit a relationship with a student for personal gain or advantage. . . - Rule 6B-1 .006,(4)(c) (The individual) Shall not use institutional privileges for personal gain or advantage. : Interview Summaries: Student #1: Student #1 was interviewed on Thursday, May 4, 2000 and again on May 10, 2000 in the presence of her mother. . ; Student #1 stated that while Mr. Gagliano was helping her with her mathematics homework during second period, he touched her on the back of her thigh and rubbed his open palm up and down the back of her thigh, extending upwards over both buttocks. The student was at Mr. Gagliano’s desk for over half the period, or for approximately 20 minutes. The touching and rubbing began within four or five minutes of her arrival at the desk. The student could not be certain of how long the touching and rubbing lasted but estimated five or ten minutes. Mr. Gagliano was seated throughout this period and the student was standing beside him. ua When Mr. Gagliano first touched her on her arm, she flinched. Mr. Gagliano asked “Why did you twitch? Do you get beaten at home” Mr. Gagliano then said, “You can tell me, we’re buds.” Student #1 stated that at some point, Mr. Gagliano placed his head, (cheek) on her chest, between her left shoulder and left breast. She stated that this made her uncomfortable and moved, but Mr. Gagliano moved his head to remain on her chest. Mr. Gagliano asked Student #1 for a neck rub, which she provided. Student #1 stated that Mr. Gagliano asked her personal questions and made statements to her. Examples are: “Do you get beat at home?” “Do you look like your mother, if you do she must be beautiful,” “You are beautiful,” “You are my favorite student.” . Student #1 was also asked by Mr. Gagliano not to tell anyone what they had talked about. Mr. Gagliano suggested that “we can keep this between ourselves.” He also said that “we don’t have to tell anyone about this, “ and “Just keep it a secret, promise you wont tell.” Student #1 thought that Mr. Gagliano wanted to keep the events a secret so that he wouldn’t get into trouble. . Student #1 demonstrated the touching of her thigh and buttocks to her mother and a female guidance counselor. Student #1’s mother indicated that the demonstration included a hand on the buttocks. Student #1 had one disciplinary referral in the 1995 School Year. She had three referrals in the 1996 School Year. She had one referral in the 1997 School year. She had two referrals in the 1998 School Year. She had two referrals, including an In School . Suspension in the 1999 School Year. . : In the 2000 School Year, Student #1 had fifteen disciplinary referrals and three visits to the New Beginnings “Enhanced Assist” program and one Out of Schoo! Suspension. The disciplinary matters mainly related to being out of her assigned area, tardiness, skipping class, being disruptive and failure to serve detention. Other infractions were: public display of affection, possession of prescription drugs, inappropriate physical harassment, and asking a student to bring cigarettes to school. One disciplinary note referenced Student #1’s unacceptable work and attitude, misleading her teacher of her ability, and poor motivation and cooperation. None of the disciplinary referrals were recommended by Mr. Gagliano. Student #1 was enrolled in Mr. Gagliano’s class for the entire 2000 School Year. She received a “B” and an “A” in the first two quarters. She received an “A” from Mr. Gagliano for the third quarter. Her other grades in the third quarter were one “B,” two “C’s,” one “D,” and one “F.” Her other grades for the second quarter were two “C’s,” and three “F’s.” Student #2: Student #2 was interviewed on Thursday, May 4, 2000 in the presence of her parents. Student #2 stated that on Wednesday, May 3, 2000, during second period, Mr. Gagliano sent her to the cafeteria to find a student who was missing from class.. Because it was a shortened day the lunch periods were altered. Student #2 reported to the lunchroom and asked Mr. Mitch for help in finding the missing student. Mr. Mitch responded that he was too busy with other students at the moment to help her. Student #2 found the missing students but could not convince them to return to the class with her. Upon returning to the classroom, Student #2 kneeled on the seats placed in front of Mr. Gagliano’s desk to report and was able to see over the letter trays at the front of the desk. She told Mr. Gagliano that the missing students would not return and that Mr. Mitch was unable to help her because he was busy. While she was giving this information to Mr. Gagliano, she observed Mr. Gagliano “rubbing” the back of Student #1’s leg from the back of the knee to the area of the top of the back pocket on her jeans. Student #2 said that Student #1 was giving her a look as if to say, “Let’s get out of here.” Upon leaving the classroom at the end of the period, Student #2 and #1 discussed what had happened. Student #1 was nervous and did not wish to get Mr. Gagliano in trouble. Student #2 took Student #1 to the Office to report the incident at the beginning of third period. Student #2 spoke with Principal Gene Nara at that time. Student #2 stated that the only way that Mr. Gagliano had touched her was to give her a neck rub. She also said that Mr. Gagliano would ask her or Student #1 for backrubs. Student #2 expressed a feeling that Mr. Gagliano would often look at them in a “weird” manner and would focus on their breasts. Student #2 said that Mr. Gagliano would sometimes speak to her and Student #1 about personal matters. Examples of such statements were “You guys are such pretty babies, you shouldn’t be hanging out with guys like” Student #5 (a classmate who had punched student #1) and “When you get married, you'll wish your husbands jook like me.” Student #2 received one disciplinary report for the 1998 School Year for being “unprepared for class.” She received two disciplinary reports for the 1999 School Year for being “Disruptive” in a lecture and being “Disrespectful” in class for failing to dress for PE. In the 2000 School Year, she received four disciplinary reports. The first was for “Inattentiveness in class” (writing a note to her friend), The other three all relate to her refusal to serve detention for chewing gum. : Student #2 was verbally reprimanded at the end of the 1999 School Year for spreading Tumors, along with a substantial number of the student body, that PRMS would be the next school to be bombed. . Student #2 has had Mr. Gagliano’s reading class since January of 2000. She received an “A” from him for the third marking period. For the third marking period, Student #2 received four “As,” one “B” and one “D.” For the year, she received seven “As,” two “B's ” two “1's” and one “EP ” . . Student #3: Student #3 was interviewed on Monday, May 15, 2000 in the presence of her father. Student #3 is an eighth grade female student in Mr. Gagliano’s fourth period class. She had no specific knowledge regarding the events involving Students #1 and #2. ” Student #3 stated that on occasions in the past, Mr. Gagliano would place his open palm on her thigh near her knee and move it up and down for up to ten seconds while she was seated. . . ; On one occasion near the end of April, Mr: Gagliano asked Student #3 and a female seventh grade student, (Student #4) to’stay after class. During this time, Mr. Gagliano explained that the girls were good students and the next time that a substitute appeared in the class, he would give the substitute the names of the two girls in order for them to help with the class. Mr. Gagliano then told the girls that they should use exercise to help them “take out their anger.” Mr. Gagliano then seated himself on the lap of Student #4 and told her to raise her feet for a form of exercise. Student #3 was unable to determine whether Mr. Gagliano placed all of his weight on Student #4. At the conclusion of this exercise, Mr. Gagliano excused the girls from class and asked them to keep the incident between him and them. Student #3 felt that Mr. Gagliano did not want them to tell their parents, other students or other teachers of the incident. Student #3 has observed Mr. Gagliano place his hand on the thigh of student #4 while Student #4 was seated, in a similar taanner to the way that he touched her. Student #3 stated that Mr. Gagliano has asked her for neck and shoulder rubs. Student #3 said that she did not want to do it, but gave him a neck and shoulder rub regardless, Student #3 stated that Mr. Gagliano created the paper screens around the letter trays on his desk during the 2000 School Year. : Student #3 had one disciplinary referral in the 1998 School Year for tardiness. Student #3 has taken Mr. Gagliano’s reading class since August of 1999, or for the entire 2000 School Year. Student #3 received three “A’s” from Mr. Gagliano for the first three quarters. ‘Her other grades for the entire year include six “A’s,” six “B’s,” and three “C's” . . . Student #4: Student #4 was interviewed on Monday, May 15, 2000 in the presence of her parents. “Student #4 stated that Mr. Gagliano would sometimes eat in class, and he would “duck down” behind the screen of letter holders on the front of his desk so that the students would not see him eat. ; Student #4 stated that Mr. Gagliano would ask the girls in fourth period for a neck and shoulder massage, and when a girl would get tired of the massage, he would ask for another girl to come up to give him a massage. Sometimes Mr. Gagliano would receive a series of massages from two or three girls, One time, a boy offered to come up and massage Mr, Gagliano. when the girls got tired, for a “joke.” Student #4 said that Mr. - Gagliano did not ask the boy to give the massage, nor did he ask other boys to give massages, _ On one occasion, Mr. Gagliano kept Student #3 and Student #4 after class. The purpose of staying late was-apparently for Mr. Gagliano to explain to the girls a proper method for expressing anger, exercising and losing and gaining weight. During this time, Mr. Gagliano sat on Student #4’s lap and asked her to raise her feet to see how many times she could exercise in this manner. Student #4 did not know whether Mr. Gagliano placed his full weight on her. Student #4 also stated that Mr. Gagliano “mounted” Student #3’s . back as if receiving a piggyback ride and asked her to support herself with her hands and arms on a desk. Student #4 was unable to determine whether Mr. Gagliano placed his full weight on Student #3’s back. Student #3 collapsed and Mr. Gagliano got off. Mr. Gagliano offered to get on Student #4’s back but she declined his offer. At the conclusion of the meeting, Mr. Gagliano said that he might get in trouble for keeping them late and said “Let’s keep this between ourselves, if anybody asks where you were, just tell them you were staying late for class.” Student #4 stated’ that on one occasion, while she was standing behind Mr. Gagliano’s desk next to him, he placed his hand on the back of her thigh and moved it up and down. Mr. Gagliano did not touch her buttocks. . Student #4 stated that on another occasion when she and Student #3 were at Mr. Gagliano’s desk during class, they were discussing the generations and how today, the fourteen year old.acts as if she is sixteen and the sixteen year old acts as if she is eighteen. Mr. Gagliano made the statement that there are no more virgins, and said to the girls, “You don’t have to answer this, but are you a virgin?” Student #4 stated that she ; was not really offended, but felt that the question was none of Mr. Gagliano’s business. Student #4 stated that Mr. Gagliano stares at the girls in the class. Student #4 received one disciplinary referral in the 1998 School Year for being tardy. She received one referral in the 1999 School Year for being out of her assigned area. She received one referral in the 2000 School Year for inattentiveness and nonparticipation. Student #4 has taken reading with Mr. Gagliano for the entire 2000 School Year. She teceived “A’s” for all three marking periods from Mr. Gagliano. Her grades for the entire year included two “A’s,” ten “B’s,” and three “C’s.” Joseph Gagliano: Mr. Gagliano was iriterviewed on two occasions, on Friday, May 5, and Monday May 15, 2000. Both interviews were conducted in the presence of Mr. Gagliano’s attomey, Donald Day. Mr. Gagliano was informed that he had the right to have Union representation during the interview but he waived Union representation. - Mr, Gagliano stated that he tried to keep Stiident #1 and #2, among others, separated in the second period class because of disruptive socializing. ; Mr. Gagliano admitted to helping Student #1 with her math homework on the shortened teacher’s planning day, May 5, 2000. He stated that at one point, he raised his hand to make a point and Student #1 “flinched” causing him to think that she had been abused at home. He asked her whether she had been hit while at home: Mr. Gagliano indicated that due to the Teacher’s Planning day, the period was shortened. He helped Student #1 with her homework from the beginning of the class, shortly after it settled down and “barely got the math done by end of the period.” Mr. Gagliano worked to create a chart to help illustrate the mathematic principals to Student #1. He estimated that they spent up to twenty minutes on the math homework. Mr. Gagliano could not remember anything else that he and Student #1 discussed during the period that they were working on the math problems. He has discussed her feelings of dropping out of school with her in the past, but never referred her to the guidance counselor because he knew that she had been to see the guidance counselor in the past for this reason. : - Mr. Gagliano specifically denied asking personal questions or making statements of a personal nature to Student #1, including telling her that she was beautiful, that she was his favorite student, whether she looked like her mother, and other questions about her family. When asked whether he had touched Student #1 on Wednesday, May 3, 2000, Mr. Gagliano said, “Yeah, probably.” He said that he gave her a pat on the back. Additionally, when the math work was-all done, he “took her arm and hugged her arm and said ‘I am proud of you.” Mr. Gagliano described the hug as putting his cheek on her arm near the elbow. Mr. Gagliano was seated and Student #1 was standing next to him when this occurred. . : Mr. Gagliano was asked, “Did you touch the back of Student #1’s legs?” Mr. Gagliano’s response was, “I may have.” , Mr. Gagliano stated that his touching of students was intended to offer encouragement and motivation. He stated that he would never touch a student on the “vagina, buttocks, breast or chest.” Mr. Gagliano said that his understanding of an appropriate touch according to the Florida Teacher’s Code of Ethics, was one that would not make a student uncomfortable. He stated that unless a student complains, you should try to make physical contact with students to let them know that you care for them. Mr. Gagliano denied having asked Student #1 to keep anything a secret, or that he had asked her to keep “it between ourselves.” Mr. Gagliano referred to Student #2 as a “conniver and troublemaker.” He said that Student #2 is a bad influence on Student #1. Ina later interview, Mr. Gagliano stated that Student #2 “lies and makes stuff up.” He indicated that she is not held in high esteem by - her classmates and that they think of her as “dirty” and “easy.” Mr. Gagliano said that the students have told him stories about Student #2 as being untrustworthy, but was ~ unable to relate any of those stories. : Mr. Gagliano was initially unable to recall whether any students were absent from the second period class on May 3, 2000. At the second interview, he recalled that two students were absent, at an early lunch due to the shortened schedule, but could not recall who they were. Mr. Gagliano also recalled that he sent a stadent to bring the absent students back to class but could not recall who the sent student was. He did recall that the student returned to the classroom and told him that Mr. Mitch said that he was busy . and could not help the student find the missing classmates. When Mr. Gagliano was questioned about the two students who skipped the second period on May 3, 2000, he responded that the students that he teaches are at the lowest 25% of the student population ranks and that they were the “Bottom of the Barrel.” He indicated that students of this caliber will skip class. Mr. Gagliano stated that the reason that he placed black paper around the five stacks of letter trays, stacked three high, across the front of his desk was because he has diabetes and his physician has ordered to eat at various times throughout the day. He put the paper around the letter trays so that he could “sneak a bite to eat” and be inconspicuous to the class while he was eating. . Mr. Gagliano was unable to tell me why Student #1 would raise an allegation of inappropriate touching against him. Mr. Gagliano’s most recent evaluation, completed on December 17, 1999 by Principal Gene Nara was “Satisfactory” (on a scale of “Satisfactory,” “Unsatisfactory” and “Area for Growth”) except for one “Area for Growth,” that being “Recognition of Special Needs of Students.” His 1998 evaluation, completed on February 26, 1999 was “Satisfactory,” except for one “Area for Growth” in the area of “Creation of Appropriate Learning Environment.” His evaluations for previous years were “Satisfactory” or the older equivalent of “Effective” with few other “Areas for Growth.” Mr. Gagliano was suspended without pay for fifteen contract days on the - Superintendent’s recommendation of December 18, 1997. Mr. Gagliano received a letter of Reprimand dated January 7, 1998 for the same offense. i Mr. Gagliano and the Education Practices Commission of the State of Florida signed a Settlement Agreement which was filed on November 18, 1999. The basis for the Settlement were allegations of inappropriate discipline techniques on several students and Mr. Gagliano’s plea of Nolo Contendere to a charge of petit theft (stealing meat from a grocery store), One of the terms of the Settlement Agreement was the placement of Mr. Gagliano’s Teaching Certificate on a one year probationary status which commenced on November 18, 1999. . A memo written by Allun R. Hamblett to Robert E. Munz, Superintendent dated December 16, 1997 summarizes several other disciplinary actions taken against Mr. Gagliano. (See Attached as exhibit #1) Mrs. Sally Bryant: Mrs. Bryant is a Dean at PRMS. Mrs. Bryant stated that Mr. Gagliano did send Student #1 and #2 to her office in early April due to another male student touching Student #1’s leg. When Mrs. Bryant report the events of the meeting back to Mr. Gagliano, he made the unsolicited statement that Student #1 is “Beautiful, she is a beautiful girl,” and indicated that he was giving her extra help in her classwork. Mrs. Bryant indicated that Student #1 has generally acceptable classroom behavior, but has hallway problems. She also said that Student #1 can be “manipulative” with students but does not feel that Student #1 tries to manipulate adults. There were rumors at one time that Student #1 might have contacts with some gang members. Frederica Brin: Mrs. Brin is part of the PRMS main Office staff. She was present on Wednesday, May 3, 2000 when Student #1 and #2 arrived at the Office between 10:30 and 11:00 AM. Mrs. Brin said that Student #2 was “dragging” Student #1 into the Office and that Student #1 was “squirmy” and seemed not to want to get involved. Student #1 broke free of Student #2 and left the office. Mrs. Brin spoke with Student #2 and when she appreciated the content of the discussion, set Student #2 up to meet with Principal Nara. Janet Woodruff: Mrs. Woodruff is Student #1’s Guidance Counselor. Mrs. Woodruff was asked by Principal Nara to have Student #1 come down to her guidance office to see how she was doing. Student #1 arrived in her office at around 11:30. Mrs. Woodruff asked Student #1 some open ended questions about how “she was doing,” and Student #1 opened up to her about the “touching” incident in Mr. Gagliano’s class. Student #1 explained the touching incident and demonstrated the hand on the buttocks as well as the head on the chest. Mrs. Woodruff stated that Student #1 had previously requested to be taken out of Mr. Gagliano’s class, but that Student #1 had never explained why she wanted a transfer. ‘On Thursday, May 4, 2000, Mr. Gagliano contacted Mrs. Woodruff three times to find out where Student #1 was. Student #5, Student #5 was interviewed in the presence of his mother on May 10, 2000. Student #5 is a male sixth grader. He has had numerous disciplinary problems and he was interviewed at the “Enhanced Assist” facility at New Beginnings. Student #5 stated that he missed the second period reading class on May 3, 2000 because he thought he was supposed to go to early lunch. Mr. Gagliano sent Student #2 to the lunchroom to bring him: back to class. Student #5 stated that the black paper taped around the letter trays on Mr. Gagliano’s desk was put there during the 2000 School Year, but he could not remember when. Student #5 has seen Mr. Gagliano “pretend” to sit on Student #2’s lap. Student #6 Student #6 was interviewed at PRMS on May 8, 2000. Student #6 stated that he has seen Mr. Gagliano sit on Student #2’s lap, and also that he has seen Student #1 and #2 sit on Mr, Gagliano’s lap, Student #7 Student #7 was interviewed at PRMS on May 8, 2000. Student #7 stated that she has seen Mr. Gagliano sit on Student #1’s lap on two occasions. Student #7 was unable to know whether Mr. Gagliano placed all of his wei ght on Student #1’s lap. Inspection of the Classroom: The classroom was inspected on May 5, 2000; The inspection revealed. five sets of letter trays (each set stacked three high) “wrapped” in black paper across the entire front of Mr. Gagliano’s desk/table. The desk/table is 30” high and the letter trays were an additional 9” high. The placement of the letter trays would prohibit students seated at their desks . from observing anything behind the desk/table up to a level of 39” from the floor. Conclusion: In reaching a conclusion regarding whether Mr. Gagliano inappropriately touched one or more of his students, several factors were considered. One factor considered was motive. Other than Student #1’s previously expressed desire to be transferred out of Mr. Gagliano’s class, I was unable to determine a motive for the actions of the students. Students #1 and #2 appeared at the PRMS Main Office within minutes of the incident to report it. The reporting appears to be a spontaneous act on their part. . . Students #3 and #4 know who Students #1 and #2 are, but there did not appear to be any collusion between them and each had independent Teports of separate incidents that were consistent in their nature. The students are receiving “A’s” from Mr. Gagliano, Mr. Gagliano has not made disciplinary referrals on these students and the other students in the class seem to feel that Students #1 and #2 have some privileges that other students do not. Another factor considered was reliability of the witnesses. Students #1 and #5 as well as Mr. Gagliano have well developed disciplinary files. Student #2 has a few disciplinary referrals, : The students making the most damaging statements did so in the presence of their parents. My impression was that the students and the parents took the interview seriously. Moreover, there were descriptions of incidents made by the students that caused the parents concern because the students had not previously disclosed them. Another factor considered was the consistency of the students’ statements. The credibility of Mr. Gagliano’s statements were not given special consideration due to his history of disciplinary referrals by the Collier County Public Schools, his dealings with the Collier County Sheriff's Office and Judicial system and his experience with the Professional Practices Office of the Florida Education Standards Commission. Based upon all the information available to me, including the witness interviews and - paper documentation, it is concluded that Mr. Gagliano inappropriately touched Student #1 in the second period classroom on May 3, 2000, both by “rubbing” his hand over her buttocks and by placing his head on her chest. Furthermore, it is concluded that a number of Mr. Gagliano’s other contacts with female students are inappropriate, including touching Student #5 on the back of the thigh with an open palm, sitting on female student’s laps and soliciting female students to rub his neck. Based upon the latter, it is reasonable to conclude that Mr. Gagliano violated the Board Policies and State Ethics Rules as cited above. (See Governing Policies/Codes, p. 2) Attachments: No.1 Memo to Dr. Robert E. Munz from Allun Hamblett, dated 12/16/97 District School Board of Collier County Office of the Superintendent 3710 Estey Avenue Naples, Florida 34104-4499 MEMORANDUM TO: School Board Members FROM: Dr. Dan White, Superintendent ey ; RE: Recommendation to terminate Joseph J. Gagliano On October 5, 2000, I notified the Board that I would make a recommendation regarding Mr. Gagliano’s employment status. After further review, I hereby recommend that the Board terminate Mr. Gagliano’s employment effective immediately. « FedEx Express | Tracking | Results Detail Page 1 of 1 United States Search for Select More Online Services ; } Tack Shipments Track Shipments » Altemate Reference Track » Email Track j » eimai Tras ack Detailed Results Related Links Tracking Number 3061477395 Tracking Options 4 Sener . Reference Number % Obtain a Signature Proof > Handheld Track Ship Date of Delivery » Custom Critical Delivered To Recept/Frnt desk % Email these tracking > FedEx e e Build Delivery Location TALLAHASSEE FL results to one or more Delivery Date/Time 10/16/2000 08:51 recipients Signed For By D.TULLZ % Track More Shipments Your one-stop resource Service Type Priority Letter fo eeernational shipping Scan Activity Date/Time Comments assistance. oickhere Delivered TALLAHASSEE FL 10/16/2000 08:51 Placed on Van TALLAHASSEE FL 10/16/2000 07:49 Arrived at FedEx Destination Location TALLAHASSEE FL 10/16/2000 07:15 Link Left FedEx Ramp TALLAHASSEE FL 10/16/2000 02:06 Left FedEx Sort Facility MEMPHIS TN 10/15/2000 14:24 A? Left FedEx Sort Facility MEMPHIS TN 10/15/2000 08:01 Left FedEx Ramp FORT LAUDERDALE FL 10/14/2000 21:19 Left FedEx Origin Location NAPLES FL 10/14/2000 17:13 Picked up NAPLES FL 10/14/2000 14:13 Email Your Detailed Tracking Results Enter your email (optional), up to three email addresses as recipients, add your message, and click on Send Email. From _! To _ .1 [+7 To ' Add a message to this email. m Te f Use | Contact Ust This site i is pratected by copyright and trademark laws under U.S. and Intemational law. Review our privacy policy. Ail rights reserved. © 1995-2000 Federal Express Corporation. http://www.fedex.com/cgi-bin/tracking ?tracknumbers=3061477395&act 10/16/00 Re) ETZ [ L ‘SJAN DRESS 850 PARK SHORE DRIVE A LEGAL PROFESSIONAL ASSOCIATION TRIANON CENTRE - THIRD FLOOR : NAPLES, FL 34103 941.649.2704 DiRECT 941.649.6200 MaiN 941.261.3659 Fax jelapper@ralaw.com October 20, 2000 BY FAX TO 850-656-6750 and FEDERAL EXPRESS Mr. Joseph J. Gagliano c/o Ronald G. Meyer, Esq. Brooks and Brooks, P.A. 2544 Blairstone Pines Drive Tallahassee, Florida 32301 Re: Termination of Employment of Joseph J. Gagliano pursuant to Florida Statute section 231.36 (4)(c) Dear Mr. Gagliano: On October 19, 2000, the matter of the Superintendent’s recommendation to terminate Joseph Gagliano was considered as agenda item 7(d) at the regular board meeting of the Collier County School Board. After consideration, the following resolution was passed and ordered by unanimous vote of the Board: 1. That the Supetintendent’s recommendation be accepted; 2. That the charges against the employee contained in the written materials submitted in support of the proposed action be sustained; 3. That the charges sustained constitute acts of immorality and acts of misconduct in office; 4. That the employee be dismissed and terminated from his employment with Collier County Public Schools (C.C.P.S.) effective today; 5. That the School Board Attorney be directed to give the employee and his attorney notice of this dismissal and notice that he has the right to request a hearing pursuant to appropriate Florida Statutes concerning the termination of a public employee. EXHIBIT ORT MYERS BONITA SPRINGS NAPLES Joseph J. Gagliano October 20, 2000 Page 2 This letter is the notice to the employee of the Board’s action that is required by the Florida Statutes and Regulations. Based upon this resolution, the employee’s contract of employment and the employment relationship with C.C.P.S. is hereby cancelled. Please be advised that the School Board action described herein may affect your substantial interests and you may, therefore, have the right, pursuant to Chapter 120 of the Florida Statutes and relevant administrative code regulations, to request a formal hearing to challenge or contest this action of the School Board. If you request a hearing, you must do so within twenty-one (21) days of receipt of this written notice as required by Florida Administrative Code Rule § 28-106.111 and Fla. Stat. § 120.569, or 120.57, or 120.68. The purpose of the hearing would be to challenge or contest the action taken by the Collier County School Board and described above. If you fail to request a hearing within twenty-one (21) days of receipt of this written notice, you shall have waived your right to subsequently request a hearing. Any request for a hearing must be submitted, in writing, prior to the deadline, to the attention of Mr. Allun Hamblett, Executive Director for Human Resources, 3710 Estey Avenue, Naples, Florida 34104. ery truly yours, ce: All Board Members Dr. Dan W. White, Superintendent Mr. Atlun Hamblett, Executive Director 329907_I

Docket for Case No: 00-004693PL