Aug 3 2005 16:16 2005-08-05 16:15 SBBC-General Counsel 754-321-2705 >> 8509216847 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA DR. FRANK TILL, Superintendent of Schools, Broward County, Florida Petitioner, vs. PETITION FOR FORMAL PROCEEDINGS LEROY GIBBS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Frank Till, as Superintendent of Schools of Broward County, Florida, files this Administrative Complaint pursuant to Department of Administrative Hearings (DOAH) Rule 60Q-2.004 and 28-5.201, Rules of Administrative Commission, and states the foliowing: I. JURISDICTIONAL 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. 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. P 7/12 Aug 3 2005 16:16 2005-08-05 16:15 SBBC-General Counsel 754-321-2705 >> 8509216847 P 8/12 4. Respondent, Leroy Gibbs (Gibbs) is employed by the Broward County School Board as a teacher at Deerfield Park Elementary School pursuant to a Professional Services Contract, and currently holds a Florida educational certificate No. 525309. 5, The Respondent's last known address is 1700 NW 58 Terrace, #3A, Sunrise, FL 33313 IL_ADMINISTRATIVE CHARGES 6. On or about January 26, 2005, investigators began an investigation into allegations that Gibbs had an affair with an underage student. 7. On January 28, 2005, Gibbs was placed on administrative reassignment with pay, pending the outcome of a personnel investigation. Gibbs was instructed to report to Professional Standards where he would be reassigned, but was not to return to Deerfield Park Elementary School or any School Board property unless directed by the Office of Professional Standards and Special Investigative Unit. 8. The investigation started when the Investigator was contacted by the Broward State Attorney's Office about a complaint that had been made by a former student, who is now.a certified law enforcement officer. 9. The former student had read an article in reference to students at Dillard High School who had affairs with teachers. She reported that she had a sexual relationship with Teacher/Band Director Leroy Gibbs starting in the summer and continuing into her sophomore year at Dillard High School. She began the relationship Aug 3 2005 16:16 2005-08-05 16:15 SBBC-General Counsel 754-321-2705 >> 8509216847 P 9/12 at age 15 and it ended after she became 19 years old. She said when she ended the relationship with Mr. Gibbs he became angry and pushed her around. 10. Prior to the affair, she said, she looked to Mr. Gibbs as a father figure. The affair began with touching in the music library, progressed to hugs and kisses, on school property, then progressed to sexual relations. The first sexual encounter occurred at a hotel. Mr. Gibbs picked the girl up from her home, and she told her mother she was going to band practice. They had sexual relations at multiple hotels. She reported that he also fondied her in his car, were intimate in his dressing room at school before football games, and that he videotaped her fondling herself on school property in the dressing room. He then instructed her to videotape herself fondling herself at home and return the tape to him at school. She also stated that he videotaped some of their sexual encounters and kept the videotapes. 11. The girl also reported that she was aware that Mr. Gibson was married at the time. 12. The girl was able to describe moles on Mr. Gibbs’ chest, dry patches on his skin, a fraternity sign on his chest/upper arm area, and vital characteristics of a private part that will not be mentioned in this document but which is identified in the investigative report. 13. The girl advised that she had reported the information to Ft. Lauderdale Police Department in 2003, but that no action was taken. The detective had decided the relationship was consensual and that the statute of limitations had run out. Aug 3 2005 16:17 2005-08-05 16:15 SBBC-General Counsel 754-321-2705 >> 8509216847 P 10/12 14. The girl has provided a micro-cassette in which Mr. Gibbs stated, “I love you” along with a sentiment that will not be repeated in this document but which is identified in the investigative report. 15. She also provided a love poem by Mr. Gibbs, which he admits to writing. 16. The Ft. Lauderdale Police Department has confirmed that the girl made a report to them on June 24, 2003. The detective in the case is the one who turned the cassette and the poem over to school investigators. 17. Mr. Gibbs admits to owning a vehicle that the girl described, but denies the affair. He admits to hugging her, but not in a sexual way. He acknowledges having the music library, and to having a video camera he used to film games. He claims that students stole the tapes and he denies having any of the tapes. He claims she knew about his tattoos from watching him play basketball. He admits to the characteristic of his private part that was identified by the girl, but could not explain how she knew. 18. Just cause exists for the requested relief, pursuant to Fla. Stat. §§ 1012.33, Respondent's employment contract and School Board rules and regulations, including but not limited to the following: 1, MISCONDUCT IN OFFICE 19. Respondent has violated Fla. Stat. § 1012.33 and Rule 6B4,009(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! Aug 3 2005 16:17 2005-08-05 16:15 SBBC-General Counsel 754-321-2705 >> 8509216847 P 11/12 (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 pursuit of leaming. (5) Obligation to the profession of education requires that the individual: (a) shail maintain honesty in all professional dealings. 2, IMMORALITY 20. Respondent has violated Fla. Stat. § 1012.33 and Rule 6B4.009(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. 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. 3. MORAL TURPITUDE 21. Respondent has violated Fla. Stat. § 1012.33 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. 22, This Administrative Complaint is brought pursuant to the authority outlined in Fla, Stat. §§ 120.57, 1006.07, 1001.49, 1001.50, 1012.27, 1001.51, 1012.33, and Aug 3 2005 16:18 2005-08-05 16:15 SBBC-General Counsel 754-321-2705 >> 8509216847 Chapters 6B-1 and 6B-4 of the Florida Administrative Code and the appropriate bill or rules. IH. DEMAND FOR RELIEF WHEREFCRE, based upon the foregoing, Petitioner, Dr. Frank Till, Superintendent of Schoois, recommends immediate suspension of Respondent, Leroy Gibbs, 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 June 2005. ie DR. FRANK TILL Superintendent of Schools, Broward County Prepared by Donna M. Ballman, P.A. P 12/12

Docket for Case No: 05-002843