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ORANGE COUNTY SCHOOL BOARD vs ELIOT BERRIOS, 06-001805 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001805 Visitors: 34
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.
Oct. 13, 2006 Cross Notice of Taking Deposition of Sgt. Carol McMaster filed.
Oct. 12, 2006 Notice to Take Depositions filed.
Oct. 11, 2006 Cross Notice to Take Deposition of Melissa Gwynn filed.
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.
Oct. 04, 2006 Amended Notice of Taking Deposition of Party Representatives filed.
Oct. 04, 2006 Amended Notice of Taking Deposition of Matthew Dearing filed.
Oct. 04, 2006 Amended Notice of Taking Deposition of Eliot Berrios filed.
Oct. 04, 2006 Notice of Taking Deposition of Donald Shearer filed.
Oct. 04, 2006 Notice of Taking Deposition of Melissa Gwynn, Child Protection Team filed.
Oct. 04, 2006 Notice of Taking Deposition of Special Agent Nick Savage filed.
Oct. 04, 2006 Notice of Taking Deposition of Matthew Dearing filed.
Oct. 04, 2006 Notice of Taking Deposition of Stephanie Rideout filed.
Oct. 04, 2006 Notice of Taking Deposition of Party Representatives filed.
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.
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.
Sep. 06, 2006 Notice of Cancellation of Deposition of Matthew Dearing filed.
Sep. 06, 2006 Notice of Cancellation of Deposition of Principal Janet Medina-Maestre filed.
Sep. 06, 2006 Notice of Taking Deposition of Principal Roxanne Paulsen filed.
Aug. 31, 2006 Petitioner`s Motion to Continue Final Hearing filed.
Aug. 24, 2006 Order on Pending Motions to Compel.
Aug. 23, 2006 Notice of Expert Disclosure filed.
Aug. 23, 2006 Respondent`s Amended Response to Petitioner`s First Request for Admissions filed.
Aug. 15, 2006 Respondent`s Second Set of Interrogatories filed.
Aug. 15, 2006 Notice of Service of Respondent`s Second Set of Interrogatories filed.
Aug. 14, 2006 Respondent`s Motion to Compel More Specific Answers to Respondent`s First Set of Interrogatories filed.
Aug. 08, 2006 Petitioner`s Motion to Compel better Responses to Petitioner`s First Request for Admissions and Interrogatories filed.
Jul. 14, 2006 Notice of Service of Petitioner`s Verified Adnswers to Respondent`s Interrogatories filed.
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.
Jul. 07, 2006 Notice of Cancellation of Deposition filed.
Jul. 07, 2006 Respondent`s Response to Petitioner`s First Request for Admissions filed.
Jul. 05, 2006 Notice of Service of Petitioner`s Unverified Answers to Respondent`s Interrogatories filed.
Jul. 05, 2006 Petitioner`s Response to Respondent`s Request to Produce filed.
Jun. 23, 2006 Notice of Taking Deposition of Eliot Berrios filed.
Jun. 08, 2006 Petitioner`s First Request for Admissions and Interrogatories to Respondent filed.
Jun. 05, 2006 Respondent`s First Set of Interrogatories filed.
Jun. 05, 2006 Notice of Service of Respondent`s First Set of Interrogatories filed.
Jun. 05, 2006 Respondent`s First Request for Production of Documents filed.
Jun. 05, 2006 Notice of Service of Respondent`s First Request for Production of Documents filed.
Jun. 01, 2006 Order of Pre-hearing Instructions.
Jun. 01, 2006 Notice of Hearing (hearing set for July 27 and 28, 2006; 9:00 a.m.; Orlando, FL).
May 25, 2006 Request for Subpoenas filed.
May 24, 2006 Response to Initial Order filed.
May 23, 2006 Respondent`s Status Report filed.
May 19, 2006 Notice of Appearance (filed by J. Egan).
May 17, 2006 Initial Order.
May 17, 2006 Administrative Complaint filed.
May 17, 2006 Request for Administrative Hearing, Notice of Appearance filed.
May 17, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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