Apr 27 2005 15:28 2005 -04- Borla 2Ga5SBRG2¢eneral Counsel 754-321-2705 >> 8509216847 p.werigP 7/14 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA DR. FRANK TILL, Superintendent of Schools, Broward County, Petitioner, VS. PETITION FOR FORMAL PROCEEDINGS ANTHONY LALLI, Respondent. ’ ADMINISTRATIVE COMPLAINT Petitioner, Dr. Frank Till, as Superintendent of Schools of Broward County, Florida, files thie Administrative Complaint pursuant to Departmert of Administrative Hearings (DOQAH) Rule 600-2,004 and 28-5.201, fules of Administrative Commission, and states the following: DICTIONA 1. The agency is the School Board af Broward County, Florida, which Is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2, Petitioner is the Superintendent of Schools for Broward County, Florida. 3. 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. Apr 2? 2005 15:28 2005 - 04 - oF 15s eA gS BRC -feneral Counsel 754-321-2705 >> 8509216847 P.07/13 P 8/14 4. Respondent, Anthony Lalli (Lal) is employed by the Broward County School Board aS a teacher at Hollywood Hills Elementary School pursuant. to a Professional Services Contract, and currently holds a Florida educational certificate No. 792915, 5. The Respondent's last known address is 6750 Lee Sireat, Hollywood, FL 33024. : LA | TIVE 6. On ot about May 31, 2002, investigators began an investigation Into allegations that Lalli touched students inappropriately in a sexual nature at school, The Broward County School Board issued a Notice of Investigation to Respondent on May 41, 2002. The notice indicates that the Respondent will be contacted for the purpose of giving a statement. 7. On that same date, Lalli was placed on administrative reassignment with pay, pending the outcome of a personnel investigation. Lalli was instructed to report to — Instructional Materials where he would be reassigned, but was not to return to Hollywood — Hills Elementary.School or any Schoo! Board property unless directed by the Office of ~ Professional Standards and Special Investigative Unit. B. On June 3, 2002, the investigator met with Hollywood Police Department officers and advised that numerous female students from the school complained that they had been inappropriately touched by Lalli On June 5, 2002, Lalli was arrested based upon three charges of indecent assault on a child under 16. No prosecution has been itiitiated against Lalli since his arrest. Apr 2? 2005 15:28 2005-04-27 13225 SRBC General Counsel 754-321-2705 >> 8509216847 p P 9/14 . 887135 9. The following students have given statements that Lalli engaged In inappropriate touching of their chest areas: a. Student KD, female fifth grade: b. Student JB, female fifth grade; c. Student BP, female fifth grade (2 incidents); d. Student AL, female fifth grade; 10, The following students have given statements that Lalli engaged in inappropriate touching and rubbing. of their legs: a. Student KD, fernale fifth grade (touched inner thigh area below her privates); b. Student KP, femaie fifth grade (rubbed upper thigh area); G. Student TB, female second grade (rubbed legs close to private area; touched under shorts close to private area); d. Student JE, female fifth grade (rubbed from hip dewn leg); e. Student AL, female fith grade (touched outside thigh atea and on top of leg): t. Student BP, female fifth grade, has observed that Lalli touches girls on the knee when he sits next to them. 11. The following students have given statements that Lalli engaged in inappropriate touching of their bra straps: a. Student TM, female fifth grade; b. Student KP, female fitth grade; Apr 2? 2005 15:28 2005 - 04-2 ApASpreSaaSBRG:feneral Counsel 754-321-2705 >> 8509216847 P pevisP 10/14 c. Student TC, female fifth grade; d. Student SB, female fifth grade. 12. The following students have given statements that Lalli engaged in inappropriate touching or rubbing of their shoulders or neck area: a. Student BP, female fifth grade; b. Student KP, female fifth grade; C. Student TC, female fitth grade; d. Student JE, female fifth grade; e@. Student MD, female fifth grade (3 incidents) 18. The following students have given statements that Lalli engaged In inappropriate massaging of their body parts: a. Student TB, female second grade (rubbing of back by butt area and side by butt area); b. Student SB, female fifth grade (massaging arm). 74, The following students have given statements that Lalli engaged In inappropriate hugging of the students: a, Student TB, female second grade (hugging with hands near butt area); b. Student JE, female fifth grade; . Student SB, female fifth grade (put his arm around her in friendly manner); d. Student AL, female fifth grade. Apr 2? 2005 15:29 2005-04-27,.15:29,.SBBC-General Counsel 754-321-2705 >> 8509216847 P 11/14 P.18713 15. Student AR gave a statement that Lalli had her sit on his lap during a computer lab, This behavior was witnessed by’ staff member Regina Woods, who told the student to get up. This behavior was also witnessed by Christine Bravate, fifth grade teacher, who reported the incident to administration. 16, Student MD gave a statement that Lalli also took her picture and asked her to pose as a model. 17. Of the 13 female students interviewed, only one stated that Lalli had never engaged in any inappropriate touching of her or made her feel uncomfortable. 48, Numerous teachers have complained that Lalli gets too close to students, puts his arms around them, touching arms, and that he does this to female students more than to male students, Several teachers became concerned about leaving female students alone with Lalli, A no hug policy was instituted at the school as a result of the complaints by teachers of Lalll’s behavior. 49. _Lalli’s statement was taken on August 17, 2004 in the presence of his attorney and a law clerk. Lalli denied all accusations, even that a student sat on his lap. He stated that he had no physical contact with any students at the school. He further stated that he did not engage in any inappropriate touching. 20, These statements are striking in their similarity, particularly considering that they were given by elementary school students. The only statement that Is inconsistent is Lalli's own version of events. Not only did Lalli grossly violate the rules against inappropriate touching, but he tied about doing so, even in the face of numerous Apr 2f 2005 15:29 2005 -04~- 2abrle,2SoeeSBBS-General Counsel 754-321-2705 >> 8509216847 pasrigh 12/14 adult witnesses to the behavior. Rather than taking responsibility for his actions, he simply denies the behavior. 24. Just cause exists for the requested relief, pursuant to Fla. Stat. §§ 231.36(1)(a) and 231.36(6)(a), Respondent's employment contract and School Board rules and regulations, including but not limited to the following: i N T1 I 29. Respondent has violated Fla. Stat. § 231.36(1)(a) and Rule 6B4.008(3). Respondent's actions constitute misconduct in office through violation of the Principles of Professional Conduct for the Education Profession in the State of Florida and the Standards of Competent Professional Performance for the Education Profession in the State of Florida, to wit: (3) Obligation to the student requires that the individual: (a) shall make a 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. (b) shall not unreasonably restrain a student from independent action in pursult of learning. (5) . Obligation to the profession of education requires that the individual: (a) _ shall maintain honesty in all professional dealings. 2. IMMORALITY 23, Respondent has violated Fla. Stat. § 231.36(1)(a) and Rule 6B4.009(2) of the Florida Administrative code. Respondent's acts constitute acts of immorality, that is, conduct inconsistent with ihe standards of public conscience and good morals. Apr 2? 2005 15:29 2005 -04- 2apRM Ss 2%aSBBErGeneral Counsel 754-321-2705 >> 8509216847 pizis? 13/14 Respondent's 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. AL ‘TURPIT 24, Respondent has violated Fla. Stat. § 231.96(4)(a) and Rule 6B4.009(6) of the Florida Administrative code, Respondent's acts constitute acts of moral turpitude, that is, acts of 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. 25, This Administrative Complaint is brought pursuant to the authority outlined in Fla. Stat. §§ 120.57, 230.23(6), 230.32(4), (5), 230.321, 230.33(7)(e), 280.93(15), 231.36(1)(a), and Chapters 6B-1 and 6B-4 of the Fiorlda Administrative Code and the appropriate bill or rules. | Ii,_DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Dr. Frank Till, Superintendent of Schools, recommends immediate suspension of Respondent, Anthony Lalli, without further pay or benefits. Petitioner further recommends that the School Board, subsequent to providing the requisite notice, dismiss Respondent from his employment based upon the foregoing facts and legal authority. EXECUTED this 2/_ day of January, 2005. Apr 2? 2005 15:30 2005-04-27 13229 SBBC- General Counsel 754-321-2705 >> 8509216847 Pizis. 14/14 DR: NK T Superintendent of Schools, Broward County Prepared by Donna M. Ballman, P.A. TOTAL P.13

Docket for Case No: 05-001541