Apr 21 2005 16:05 2005-04-21 216: A SBRE- General Counsel 754-321-2705 >> 8509216847 p aaron? 7/10 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA DR. FRANK TILL, Superintendent of Schools Petitioner, VE. BARRY SILVER, Respondent, “ ; ADMINISTRATIVE COMPLAINT. Petitioner, Dr. Frank Till, as Superintendent of Schools, files this Administrative Complaint against, BARRY SILVER (“Respondent”). The Petitioner seeks the termination of Respondent's | employment with the School Board of Broward County, pursuant to Sections 1001.51 , 1012,27(5) and 1012.33, Florida Statutes, The Petitioner alleges the following: RISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida, which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. ee 2, Petitioner is the Superintendent of Schools for Broward County, Florida. 3. Petitioner is statutorily obligated to recommend the placement of school personnel and 10 require compliance and observance with all laws, rules and regulations, Petitioner ip: authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County Schoo! Board. 4, Respondent, was employed, at all times material herein, by the Broward County School Board as a teacher at Coral Springs High School pursuant to a Professional Services Contract Apr 21 2005 16:05 2005-04- 2p 1h: 0fqSBRC3General Counsel 754-321-2705 >> 8509216847 —, ae a P 8/10 and holds a Florida Educational Certificate Number: 697440, MATE AL 5, On May 19, 1995, it was reported that Respondent had massaged several male students in an inappropriate manner. The Respondent's principal, James Vanover, provided avetbal warning and directive not to inappropriately touch male students. 6. On June 15, 1995, after another similar incident was reported, the Respondent was provided a written directive and warming regarding his inappropriate touching of male students by. his principal, James Vanover. . ) 7. On July 1, 1995, there was a change in principals at the Respondent's ‘school. 8. On July 21, 1995, the Respondent was verbally wamed by his new principal, Kim — Flynn, regarding his inappropriate touching of one or more male students, The Respondent ‘was advised that any re-occurrence would result in « more serious disciplinary consequence. 9. On January 5, 1996, a mele student complained that Respondent had inappropriately touched him on several occasions, The matter was formally investigated and the Respondent received written reprimand and ten (10) day suspension from August 20" through September 3, 1996, since the inappropriate contact had taken place despite repeated warnings. 10. On January 21, 1997, the Commission of Education filed an Administrative Complaint concerning the Respondent's aforesaid misconduct, th. On November 15, 1998, the Educational Practices Commission approved a Settlement Agreement wherein the Respondent received a reprimand, a ten (10) day suspension of his teaching certificate and was placed on a three (3) year probationary period with specified conditions. Apr 21 2005 16:05 2005-04-21, 16: 06,.SBRE{General Counsel 754-321-2705 >> 8509216847 a P 9/10 12, That on or about July 16, 2004, the Respondent, while on vacation in Hawaii, inappropriately touched N.H., an eleven-year old male. The incident occurred when NH, who was: asleep, was awaken by Respondent and told to tum over on his stomach so the Respondent could provide a back massage. The Respondent began massaging his back and then progressed to other portions of body despite N.H.’s repeated efforts to stop the Respondent, 13. The parent of N.H. contacted the police the following morning, after leaming of the incident. When the police arrived the Respondent's actions caused the police officer to arrest :, and charge the Respondent with disorderly conduct. The charge of disorderly conduct was later dismissed without prejudice by the deputy prosecuting atiorney, who is in the process of filing amended criminal charge(s) concerning Respondent's inappropriate contact with NH. | a ADMINISTRATIVE CHARGES 14, Just cause exists for the requested relief, pursuant to Fla. Stat, §§ 1012.33(1)(@) and 1012,36(6)(a), Respondent's employment contract and School Board rules end regulations, including but not limited to the following: COUNT. L: IM [MORALITY 15. Respondent has violated Fla. Stat. §§ 1012.36(1){a) and 1012.33(1)(a) and Rule 6B- 4,009(2) of the Florida Administrative Code. Respondent's acts constitute acts of immorality, that is, conduct inconsistent with the standards of public conscience and good morals, Respondents conduct is sufficiently notorious to bring Respondent and/or the educational profession into public - disgrace or disrespect, and impair Respondent's service in the community. (8) 2: UD, 16. Respondent has violated Fla, Stat. § 1012.33(1)(a) and Rule 6B-4.009(6) of the Florida Administrative Code. Respondent’s acts constitute acts of moral turpitude, that ja, acts of Apr 21 2005 16:06 2005 - 04- Ader lGs CiapeSBESrégeneral Counsel 754-321-2705 >> 8509216847 P.orva7 P 10/10 baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a person owes to his fellow human or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude. 17, This Administrative Complaint is brought pursuant to the authority outlined in Fla, Stat. §§ 120.57; 1001.42; 1012.22; 1006.07; 1006.28; 1006.21; 1001.80; 1001.49; 1001.51; 1012.27; 1006.08; 1012,33(1)(a) and Chapters 6B-) and 6B-4 of the Florida Administrative Code. DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Dr. Frank Till, Superintendent of Schools, recommends the dismissal of the Respondent, Barry Silver, from his employment with the School Board of Broward County, based upon the foregoing facts and legal authority, Petitioner — further, recommends the immediate suspension of Respondent without further pay or benefits in the event the Respondent should challenge the schoo] board’s recommendation of the termination of his employment. EXECUTED this ‘a day of March, 2005. ae DR. Superintendent of Schools, Broward County TOTAL P.@?

Docket for Case No: 05-001494TTS