Petitioner: ORANGE COUNTY SCHOOL BOARD
Respondent: ELIOT BERRIOS
Judges: WILLIAM F. QUATTLEBAUM
Agency: County School Boards
Locations: Orlando, Florida
Filed: May 17, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 1, 2006.
Latest Update: Dec. 22, 2024
SCHOOL BOARD OF ORANGE COUNTY,
FLORIDA, BY AND THROUGH ITS
SUPERINTENDENT, RONALD BLOCKER,
Petitioner
Vs. Eliot Berrios
Respondent (le - WS
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 Eliot Berrios (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 the
School Board of Orange County, Florida.
3. That on or about March 18, 2006, the parents of a 5" grade student at Apopka
Elementary School, filed a complaint with the Apopka Police Department
alleging that the Respondent was having inappropriate discussions with their
son via the internet. Attached hereto and incorporated herein as Attachment “A”
is a copy of the police incident report.
4. The parents’ complaint contains a transcript of the discussion between their son
identified as “Dearing11” and “Emosaic25". The parents state that their son
identified “Emosaic25" as the Respondent. The transcript was printed from the
parents’ home computer. Attached hereto and incorporated herein as
Attachment “B” is a copy of the transcript.
5. The transcript indicates that the discussions between “Dearing11" and
“Emosaic25” occurred between 10:14 p.m. and 11:56 p.m. During the course of
the discussion, “Emosaic25" asks “Dearing11” about asking questions that might
be “too personal” and speaking about other things that would be for older people.
. On March 22, 2006, the Respondent was placed on relief of duty with pay and a
predetermination meeting was scheduled for March 27, 2006. Attached hereto
and incorporated herein as Attachment “C and D” are a copies of the relief of
duty letter and the predetermination letter.
. On March 27, 2006, the Respondent attended the predetermination meeting.
The Respondent admitted that he was "Emosaic25” and that he did have the
discussion recorded on the transcript.
. Such actions by the Respondent are in violation of School Board Policies and
constitute misconduct in office, willful neglect of duty, gross insubordination,
conduct unbecoming a public employee, and a breach of Respondent's
employment agreement with the School Board.
. Said violations are sufficient grounds to sever the professional services contract
status of Respondent, Eliot Berrios, 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, Eliot Berrios and authorize the General Counsel to assign counsel in this
matter.
Dated this Jf v},, of April, 2005.
Attorney for Ronald Blocker,
Superintendent, The School Board
of Orange County, Florida
445 W. Amelia Street
Orlando, Florida 32801
(407)317-3411
Docket for Case No: 06-001805
Issue Date |
Proceedings |
Nov. 01, 2006 |
Order Closing File. CASE CLOSED.
|
Nov. 01, 2006 |
Letter to Judge Quattlebaum from B. Moes requesting the November 2 and 3, 2006 cancelled filed.
|
Oct. 30, 2006 |
Notice to Take Deposition of Dr. Arthur Cross filed.
|
Oct. 25, 2006 |
Joint Pre-hearing Stipulation filed.
|
Oct. 25, 2006 |
Answers to Petitioner`s Expert Interrogatories filed.
|
Oct. 13, 2006 |
Cross Notice of Taking Deposition of Captain Donald Heston filed.
|
Oct. 13, 2006 |
Cross Notice of Taking Deposition of Sgt. Tim Wedding filed.
|
Oct. 13, 2006 |
Cross Notice of Taking Deposition of Investigator Steve McElyea filed.
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Oct. 13, 2006 |
Cross Notice of Taking Deposition of Sgt. Carol McMaster filed.
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Oct. 12, 2006 |
Notice to Take Depositions filed.
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Oct. 11, 2006 |
Cross Notice to Take Deposition of Melissa Gwynn filed.
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Oct. 05, 2006 |
Amended Notice of Hearing (hearing set for November 2 and 3, 2006; 9:00 a.m.; Orlando, FL; amended as to Hearing room location).
|
Oct. 04, 2006 |
Amended Notice of Taking Deposition of Stephanie Rideout filed.
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Oct. 04, 2006 |
Amended Notice of Taking Deposition of Party Representatives filed.
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Oct. 04, 2006 |
Amended Notice of Taking Deposition of Matthew Dearing filed.
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Oct. 04, 2006 |
Amended Notice of Taking Deposition of Eliot Berrios filed.
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Oct. 04, 2006 |
Notice of Taking Deposition of Donald Shearer filed.
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Oct. 04, 2006 |
Notice of Taking Deposition of Melissa Gwynn, Child Protection Team filed.
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Oct. 04, 2006 |
Notice of Taking Deposition of Special Agent Nick Savage filed.
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Oct. 04, 2006 |
Notice of Taking Deposition of Matthew Dearing filed.
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Oct. 04, 2006 |
Notice of Taking Deposition of Stephanie Rideout filed.
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Oct. 04, 2006 |
Notice of Taking Deposition of Party Representatives filed.
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Sep. 25, 2006 |
Notice of Service of Petitioner`s Answers to Respondent`s Second Interrogatories; Defendant`s Answers to Plaintiff`s Second Interrogatories filed.
|
Sep. 19, 2006 |
Notice of Serving Expert Interrogatories filed.
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Sep. 13, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 2 and 3, 2006; 9:00 a.m.; Orlando, FL).
|
Sep. 06, 2006 |
Notice of Cancellation of Deposition of Stephanie Rideout filed.
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Sep. 06, 2006 |
Notice of Cancellation of Deposition of Matthew Dearing filed.
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Sep. 06, 2006 |
Notice of Cancellation of Deposition of Principal Janet Medina-Maestre filed.
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Sep. 06, 2006 |
Notice of Taking Deposition of Principal Roxanne Paulsen filed.
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Aug. 31, 2006 |
Petitioner`s Motion to Continue Final Hearing filed.
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Aug. 24, 2006 |
Order on Pending Motions to Compel.
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Aug. 23, 2006 |
Notice of Expert Disclosure filed.
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Aug. 23, 2006 |
Respondent`s Amended Response to Petitioner`s First Request for Admissions filed.
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Aug. 15, 2006 |
Respondent`s Second Set of Interrogatories filed.
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Aug. 15, 2006 |
Notice of Service of Respondent`s Second Set of Interrogatories filed.
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Aug. 14, 2006 |
Respondent`s Motion to Compel More Specific Answers to Respondent`s First Set of Interrogatories filed.
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Aug. 08, 2006 |
Petitioner`s Motion to Compel better Responses to Petitioner`s First Request for Admissions and Interrogatories filed.
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Jul. 14, 2006 |
Notice of Service of Petitioner`s Verified Adnswers to Respondent`s Interrogatories filed.
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Jul. 13, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 18 and 19, 2006; 9:00 a.m.; Orlando, FL).
|
Jul. 10, 2006 |
Unopposed Motion to Continue Final Hearing filed.
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Jul. 07, 2006 |
Notice of Cancellation of Deposition filed.
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Jul. 07, 2006 |
Respondent`s Response to Petitioner`s First Request for Admissions filed.
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Jul. 05, 2006 |
Notice of Service of Petitioner`s Unverified Answers to Respondent`s Interrogatories filed.
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Jul. 05, 2006 |
Petitioner`s Response to Respondent`s Request to Produce filed.
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Jun. 23, 2006 |
Notice of Taking Deposition of Eliot Berrios filed.
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Jun. 08, 2006 |
Petitioner`s First Request for Admissions and Interrogatories to Respondent filed.
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Jun. 05, 2006 |
Respondent`s First Set of Interrogatories filed.
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Jun. 05, 2006 |
Notice of Service of Respondent`s First Set of Interrogatories filed.
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Jun. 05, 2006 |
Respondent`s First Request for Production of Documents filed.
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Jun. 05, 2006 |
Notice of Service of Respondent`s First Request for Production of Documents filed.
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Jun. 01, 2006 |
Order of Pre-hearing Instructions.
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Jun. 01, 2006 |
Notice of Hearing (hearing set for July 27 and 28, 2006; 9:00 a.m.; Orlando, FL).
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May 25, 2006 |
Request for Subpoenas filed.
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May 24, 2006 |
Response to Initial Order filed.
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May 23, 2006 |
Respondent`s Status Report filed.
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May 19, 2006 |
Notice of Appearance (filed by J. Egan).
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May 17, 2006 |
Initial Order.
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May 17, 2006 |
Administrative Complaint filed.
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May 17, 2006 |
Request for Administrative Hearing, Notice of Appearance filed.
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May 17, 2006 |
Agency referral filed.
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