SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, Petitioner vs. GUY CALABRESE Respondent ADMINISTRATIVE COMPLAINT RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files this Administrative Complaint against Guy Calabrese (hereinafter referred to as “Respondent’). Petitioner seeks the severance of Respondent's professional services contract with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: 1. The Respondent, at all times material to this Complaint, was employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. 2. The Respondent holds a professional services contract of employment with Petitioner. 3. That on or about November 17, 1998, the Respondent received a written reprimand and written directives for falsifying his application for renewal of his Professional Florida Educator's Certificate. Attached hereto and incorporated herein as Exhibit “A,” is a copy of the 1998 written reprimand and directives. 4. That on or about November 8, 1999, the Respondent received written directives regarding leaving campus without authorization after several violations: October 29, 1999, left school site without permission and on November 3, 1999, left school site without permission, and failed to return to school. Attached hereto and incorporated herein as Exhibit “B,” is a copy of the 1999 written directives. That on or about October 4, 2002, the Respondent received written directives regarding failure to follow proper procedures when leaving his designated duty assignment. Attached hereto and incorporated herein as Exhibit “C,” is a copy of the 2002 written directives. That on or about February 5, 2003, at approximately 11:00 a.m., the Adolescent Residential Program located at, Clarcona Point, 5600 Clarcona Ocoee Road, Orlando, Florida, 32810, was evacuated due to a natural gas leak on site. That on or about February 5, 2003, at approximately 11:07 a.m., Lynda Luty, the lead teacher at Clarcona Point, attempted to telephone her supervisor, Phyllis Harper, Assistant Principal, Alternative Education, to notify her of the emergency situation. The Respondent told Ms. Luty to not call her supervisor. Ms. Luty ignored the Respondent's request and continued her attempt to reach her supervisor, Mrs. Harper. While dialing the phone number, the Respondent attempted to physically take the phone to prevent Ms. Luty from making her notification. The Respondent stated, “Lynda, you are not listening to me.” Ms. Luty stated she managed to retain possession of the phone and advised the Respondent that she was the lead teacher and that she was going to call her supervisor. That on or about February 5, 2003, at approximately 11:07 a.m., after failing to prevent Ms. Luty from contacting the assistant principal regarding the school emergency, and while she was on the phone, the Respondent asked Ms. Luty if his student contact time was over at 11:15 a.m. on Wednesdays. Ms. Luty replied with a “yes.” The Respondent then told Ms. Luty that he was going to lunch. The Respondent's lunch break is scheduled from 11:15 a.m. until 12:30 p.m. on Wednesdays. The Respondent walked to his vehicle, which was parked in close proximity, approximately 125 feet, from the building and the gas leak. Without regard to students or public safety, the Respondent started his vehicle and drove away, leaving Ms. Luty alone to deal with the emergency 10. 11. 12. 13. and all the students. Emergency vehicles were still arriving during the Respondent's departure. That on or about February 5, 2003, the Respondent did not return to the site until approximately 2:08 p.m., 1-1/2 hours past the end of his scheduled lunch break. That on or about February 5, 2003, the Respondent met Bruce Barnes, a teacher, at the Adolescent Therapeutic Center (ATC) after he left Clarcona Point. The Respondent solicited Mr. Barnes’ assistance in moving file cabinets from ATC, the Respondent's old work-site, to Clarcona Point, the Respondent's new work-site. The Respondent told Mr. Barnes of the gas leak that was occurring at Clarcona Point and how he attempted to take the phone away from Ms. Luty to prevent her from calling Ms. Harper. The Respondent asked Mr. Barnes if he wanted to go to lunch. Mr. Barnes told him “no,” and that. he would meet the Respondent at Clarcona Point after he, Mr. Barnes, made one stop. Mr. Barnes stated that the Respondent did not arrive at Clarcona Point until approximately 45 minutes after his arrival. That.on or about February 10, 2003, during a predetermination meeting (PDM), the Respondent stated he had received permission from his Principal, Debora Graves, at an earlier date to leave the Clarcona Point site on Wednesday, February 5, 2003, in order to retrieve school related items from another site. The Respondent stated Phyllis Harper was also in the meeting. That on or about February 10, 2003, during the PDM with the Respondent, Debora Graves denied ever giving the Respondent permission to leave the site on Wednesday, February 5, 2003. Phyllis Harper, who was also present during the PDM, also stated that no one ever gave the Respondent permission to leave the Clarcona Point site on February 5, 2003. That on or about October 23, 2002, the Respondent signed for and received the Alternative Education Faculty Handbook, thereby acknowledging receipt and 15. understanding of the contents therein. The guidelines pertaining to leaving campus in the faculty handbook clearly states, “With the exception of lunchtime, all staff MUST remain on site during the duty day. In case of emergencies, staff members must secure administrative approval and complete the attached sign-out form prior to leaving the site. Failure to secure proper authorization subjects staff to personal liability and may result in disciplinary actions as specified in school board policy.” The Respondent failed to request or secure administrative approval prior to leaving the Clarcona Point, Alternative Education site. The Respondent also failed to complete the proper administrative paperwork prior to leaving the site. Attached hereto and incorporated herein as Exhibit “D,” is a copy of Employee Handbook signature page and the Leaving Campus Guidelines. The Respondent has received two separate directives regarding his violations of the Alternative Education policy pertaining to leaving campus. The Respondent has been made aware of the policies and procedures of Alternative Education, particularly those concerning leaving campus. The Respondent's actions on February 5, 2003, constitute gross insubordination and a total disregard to the safety and welfare of the students assigned to him. Such actions as, making a false statement during an official investigation, violating previously issued written directives, abandoning students and a fellow colleague in the midst of a potential life threatening emergency are unconscionable and unjustifiable on the part of the Respondent. Such actions are in violation of school board policies and constitute misconduct in office, wilfful neglect of duty, gross insubordination, conduct unbecoming a public employee, and a breach of Respondent's employment agreement with the School Board. 16. Said violations are sufficient grounds to sever the professional services contract status of Respondent, Guy Calabrese, and to terminate his employment with the School Board of Orange County, Florida. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the board sever its professional services contract relationship with the Respondent and terminate immediately the employment of Respondent, Guy Calabrese. Dated this 2 day of Marchf\2003. Attorney fr RONALD BLOCKER, Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407) 317-3411 Exhibit A GUY CALABRESE Aliemative Education Dear Mr. Calabrese: indicated that you had an arresticonviction record at the time of your application. During that meeting you stated that you thought the records were expunged and fet no need to list them. After reviewing the court disposition, your response to the allegation of misconduct and the recertification form, | have lecided to issue you a written ~ reprimand. This document will remain in effect foc a period of two years from the date of issuance. Upon your written request this letter shall be appended with a siatement that It is no longer relevant for disciplinary purposes provided that there are no similar problems for two years. ¢ . t1+17-98 . My 2 idicaics, ‘that | have received a Of thes reprirand_ Date c ca Sara Tinieshy J0teph Joyner DECENT NOV 1 9 1998 “ie Sitaryye Covaty School Soar iz en egut! oeeerisiy ogeney ORANGE COUNTY FUCIES scHos > EMPLOYEE BELs 3 ORANGE COUNTY PUBLIC SCHOO PO.Ba2 = « Orlando, Flarida : 445 W. Amelia 32802-0271 ann ait 200 soon, i i “Dy ey November 12, 1998 SUBJECT: WRITTEN DIRECTIVE This memorandum shall serve a¢ a cummary of our meeting on November 11, 1968. During that meefing we discussed an allegation that you falsified your application for recertificafion. Your completed recerfification application included a representation that you had never been convicted of a-crime or had adjudication withheld. A check of your fingerprints indicated that you had an arreet/conviction record at the ime of your application. After reviewing the court disposition, your response to the allegaSons form, | have decided fo issue the following wiitien direcives. we You are directed to adhere to the following: 4. You are to conduct yourself in a professional manner at all imes while interacting with students, > staff and Community. 2 ‘You are reminded that conduct of a sensational nalure can adversely impact the reputation and effectiveness of a School Board 1 expect you to exercise discretion and judgment in but is not fimited to avoiding discussions in personal disclosures of a notorious nature with your colleagues. 3. You are to comply with all distict and department directives. policies, rules and procedures. Should you have any questions regarding my expectations, you are to contact me or your supervisor for further direction. . - < menting , ee eq NOV 1 8 [oe 7tx, -. Tora Sete es — fre: yer: “Ene Grange Teuncy Sobvet hoard ts een mes ORANGE COUNTY PUALIC SCHOOLS EMPLOYEE RELATIONS Exhibit B MEMORANDUM. TO: Guy Cakbrese, ATC Boys Alternative Education, OCPS, From: Sarah Putney, Assistant Principal ATIN: Sara Timinsky, Principal Date: 11/08/99 Re: DIRECTIVE/UNAUTHORIZED LEAVE This is a summary of our telephone conversation on Monday, November 8, 1999. As we discussed, it was brought to my attention on November 3, 1999 that you left school during your duty day twice within the past week ( October 29, 1999 and November 3, 1999) without securing prior authorization from me. On October 29, 1999, I arrived at your site at 2:40 pm and you were not at the school site. On November 3, 1999, in an attempt to reach you by phone, it was reported to me that you had called the school office at approximately 10:00 am and stated that you were leaving for a doctor’s appointment and you did not return to school that day. On November 4, 1999, it was reported to me that you frequently left the school site during your duty hours, arrived late and/or left early. This memorandum will serve as a directive: You are directed to: ~ Report to work by 7:30 am and sign in at the school office immediately upon your arrival. - Remain on the school site until 3:00 pm with the exception of your lunch hour - Secure prior authorization from me before leavng the site anytime other than your scheduled lunch hour - — Sign out at the school office at 3:00 pm each day before leaving the school site. Failure to comply with the above directive may result in disciplinary action. If you have any questions Tegarding my expectations, please call me at 622-8240. a My'signature indicates receipt of this directive. Date rose, (efused T sq d pot Wave & Exhibit C 10/10/2002 09:14 FAX 407 599 5958 ALTERNATIVE ED joc2/a02 — PE pe, ! : i i. & October 3, 2002 03 tea ne : < 7 l2: 27 To: Guy Calabrese A on i S ‘Che , Lead Teacher i Is ip 4 _ ATC-MRSAT EAP NGS IVE . From: Sarah Putney Sof? Asst. Principal : Alternative Centers ; { Cc: Debora Graves he . Principal | Altemative Centers , Re: Second directive/Unauthcrized Leave This is a summary of the incident that occurred on Wednesday, Sept. 25, 2002 and our liscussion on Sept. 26, 2002. As we discussed, it was brought to my attention that you left the JJEEP confi rence at lunchtime and never retummed. You also :Jid not report back to your work location. Your tempora y duty assignment was to be present at the conference during your duty hours on Sept. 24 and 25. This memorandum wilt serve as 8 second directive to the first, dated 11/08/99. You art directed to: Report to ATC at 7:30 a.m. and remain on campus until the close of your duty day at 3 )0 p.m. with the exception of the one hour allocated for your lunchtime. . If assigned to temporary duty (i.¢. workshops, meetings, trainings) you are to arrive on ime and remain until the end of your duty day with the exception of the time allotted for lunch. Should any reason require that you leave your designated duty, you must follow the fol owing actions: 1) Receive administrative approval. 2) Call our office at 407.622.8240 3) Notify your work location, if applicable. 4). Model to other teachers, in your role as lead teacher, actions and behaviors that lisplay professionalism at all times. Failure to follow the guidelines as described in this directive may result in disciplinary iction and also be reflected on your final assessment. If you have any questions regarding m ' expectations, please call me at 407-622-8240. ld a OW 10-07% OR My signatire indicates receipt of this directive. Date ECR ED) oct ;0 2002 | ORANGE COUNTY PUBLIC SCHOOLS EMPLOYEE RELATIONS ; Exhibit D 02/07/2003 16:32 FAX 407 599 5958 ALTERNATIVE ED 004 FACULTY HANDBOOK CERTIFICATIC'N ALTERNATIVE EDUCATION 2002 — 2003 | certify that | have read the Faculty/Staff Handbook and have had the Opportunity ° " to asK questions for clarity. | certify that my employment assignment is with | Alternative Education. { further understand that should any porticin of this handbook conflict with the master contract, the master contract will take precedence. ; OCPS MANAGEMENT DIRECTIVES In addition, lam knowledgeable of the OCPS Management Directives and | am aware that copies are available in the Administrative Offices for further p2rusal, These directives can also be found on the OCP$ Intranet (www.ocps.net, hitp/fintranet.ocps.k12.us/). Click on General Information and ther Management: : Directives. | certify and acknowledge that all these directives mus: be followed at all times, - Name CG. A, Calabrese Date /G- 23-0 ; - Print S02 : Name LZ. thts, Signature ECEIVE FEB 7 2003 Employee Relations. . 02/07/2003 16:32 FAX 407 599 5958 ALTERNATIVE ED . 005 Alternative Education Leaving Campus Guidelines REMINDER With the exception of lunchtime, all staff MUST remain on site during he duty day. In casd of emergencies, staff members must secure administrative appr >val and complete the attached sign-out form prior to leaving the site. Failure to secure »roper authorization subjects staff to personal liability and may result in disci slinary action as specified in schoo! board policy. 168 O| P L | C ORANGE COUNTY PUBLIC SCHOOLS P.O. Box 271 . Orlando, Florida . 445 W. Amelia Street 32802-0271 (407) 317-3200 32801-1127 a, oe, March 4, 2003 - aa 4o, Dee ; Do, “2 * HAND DELI Bib. <7 IAN, ELIVERY Ke He, %, Guy Calabrese ae oan 517 Tivoli Court Op, Altamonte Springs, FL. 32701 o Dear Mr, Calabrese: Attached you will find administrative charges regarding alleged misconduct on your part. The charges will be presented to the school board for action on March 11, 2003 at 5:30 p.m. The school board meeting will be held at 445 West Amelia Street, Orlando, Florida. You have the right to appear personally or through a representative at the school board meeting to present any information you want considered. You will need to sign up to speak immediately before the start of the School board meeting. days of the school board's action. If no request for hearing is received within the time limit, the termination of your contract will be final. Sincerely, Kove Dwain L. Rivers Senior Manager Employee Relations Attachments LA. ZA EAE My signature only indicates receipt of this document Date Cc General Counsel Supervisor Personnel file ‘CTA PPS "The Orange County School Board is an equal opportunity agency”

Docket for Case No: 03-001441