SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS _ SUPERINTENDENT, RONALD BLOCKER, VS. Jelitza Rivera Petitioner Respondent ADMINISTRATIVE COMPLAINT cee AT IVE 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 Jelitza Rivera (hereinafter referred to as “Respondent’). Petitioner seeks the Severance of Respondent's annual 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. The Respondent was hired on July 1, 2004, and is currently a language arts teacher at Olympia High School. The Respondent holds an annual contract of employment with the School Board of Orange County, Florida. That on or about February 12, 2005, the Respondent was arrested for shoplifting. Attached hereto and incorporated herein as Attachment Ais a copy of the charging affidavit. That on or about October 19, 2006, the Respondent received written directives regarding complying with the district’s Policy on tutoring and promoting an activity or project in which compensation would result while still being employed by the district, Attached hereto and incorporated herein as Attachment B is a copy of the directives. That on or about January 25, 2007, the Respondent threw a three hole punch at a student and hit his arm. The Respondent also threw a dictionary at another student in an attempt to hit that student. That on or about January 25, 2007, the Administration obtained statements from students alleging that the Respondent leaves the classroom to smoke cigarettes on school property, allows students to groom each other and watch Black Entertainment Television instead of completing class work. That on or about January 25, 2007, the Respondent was placed on Relief of Duty with Pay. Attached hereto and incorporated herein as Attachment C is a copy of the Relief of Duty Notice. That on or about February 2, 2007, the Respondent and her Representative attended a predetermination meeting. The Respondent stated the three hole punch “slipped from my hand” and admitted throwing the dictionary. Attached hereto and incorporated herein as Attachment D is a.copy of the Respondent's statement Such actions, individually and collectively, by the Respondent are in violation of School Board Policies, misconduct in office, and a violation of the Code of Ethics and the Principals of Professional Conduct of the Education Profession in Florida. Said violations, individually and collectively, are sufficient grounds to sever the annual contract status of Respondent, Jelitza Rivera, and to terminate her 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 annual contract relationship with the Respondent and terminate immediately the employment of Respondent, Jelitza Rivera. ym Dated this [6 day of February 2007. repenbacher, Esq. ISrida Bar No. 238597 mey for Ronald Blocker, Superintendent, the School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407)317-3411 ATTACHMENT A m, COURE copy RECORD Conz © ORANGE COUNTY SHER Charging Affidavit Arrested? At Large? G5-012933 ORIG Jivieion & Date: 02/12/2005 Cocatlon of Overdue Vekkio ores 7 2) 5LO480000 Adal any OF Arent Zourt Case @ ack | Deve Yona a Arvest, [lecVerd var { - . $250.00 : Agun wer ve Lae _ Lenguuge — 1 DEEENDANT x i : : es : (RAwe (CF an oo 7 2 Se ° Rece : : RIVERR ,JELITZA : w Haight: Wright. TE sede ns T= PROL C4) rn toa 5102” 115 LO {ARO lout LPR [PUERTO RICO -O fitreete: sate: 7 eee en nae Citizens. ° L908 LAKE FOUNTAIN DR R927 ; ; . Lo _ Somarth Violona? Belony- Description Swork to and subscribed. seto=n te, thie fr gay or Zot yoor hc aTtemant: AL carrset aed trys LDL Eg SSI OFfioers Bue ERcne No oe = = bénzing/ Se tase Rotary Dubifo Law gnforcoment ox fetrectione ekricex Personally Xoows Producod Idemtigicztics Pype of idsntirreation: Pignator, Report Offioar Putas 2s . 3537 /BAMP Ton, ERIC O2/LE EGOS vs ch ATPORNBT COPT OOMCEE> 1 ATTACHMENT B ORANGE COUNTY PUBLIC SCHOOLS STONEWALL JACKSON MIDDLE SCHOOL 6000 Stonewall Jackson Rd. - Orlando, FL 32807 * Phone 407.249.6430 ~ FAX 407 249-6438 OC) PIS Dr. Joseph Miller Principal Mrs. Mabel Rios Assistant Principal Dr. Shunu Mohapatra Assistant Principal October 19, 2006 HAND DELIVERED Ms. Jelitza Rivera Jackson Middle School! Ms. Rivera: Under certain circumstances it becomes necessary to provide written clarification or guidance regarding the expectations of the district. Such letters are referred to as directives, and are not disciplinary ir nature. Itis important to understand, however, that all employees are required to follow the rules, procedures, policies and diraction of management. Should an employee fail to comply with the direction of management, it Is possible that disciplinary action may result. Since directives are clarifications of expectations regarding future conduct or performance, they remain in force indefinitely. Consequently, you may attach a statement Clarifying any concems you would like to have included as part of the record. At this time | am directing that * You are to comply with the district's policy on tutoring as discussed in our meeting on September 29, 2008. To this end, you will not tutor any students with whom there is in any way direct professional association. + You will not promote within the school System any activity or project from which you are likely to racelve compensation other than your Salary as an employee of the school board. * When given instructions by an administrator, | expect you to follow these directions fully. Should you have any questions regarding my expectations, you ara to seek Clarification, in advance, from me. | trust that yau understand the seriousness of this matter, and that it will not be ne. address such concems in the future. FQ Sincerely, ~ a Joseph Miller WU6> IDH@ Q G that | have received a capy of this directive. [Date © Orange County Public Schoots Is An Equal opportunity Employer ATTACHMENT C | Orange County Public Schools 445 West Amelia Street > Orlando, FL 32801-1129 - Phone 407.317.3200 - Www.OCps.net January 25, 2007 HAND DELIVERY Jelitza Rivera Olympia High School Ms. Rivera: Under certain circumstances, it may become necessary for the district to investigate complaints or allegations of misconduct. While in the process of determining the facts of the case, it may also be appropriate to remove an employee from his or her work location for a period of time. This status is referred to as Relief of Duty. Relief of Duty status is not considered to be disciplinary in nature. At this time, it will be necessary to relieve you of duty for an unknown period of time effective January 25, 2007. While on Relief of Duty, you will receive pay and benefits, excluding supplemental pay. Please contact Nora Lopez in Employee Relations at (407) 317-3239 to make arrangements regarding delivery of your paycheck. If you are on direct deposit, your check will continue to be deposited into your account. There are several important conditions associated with Relief of Duty status. Since you are being paid during this time, you are to remain available during working hours. You are to not be employed elsewhere during your Orange County Public Schools duty hours. You are to not be on school board property unless authorized by myself, or discuss reasons related to your Relief of Duty status. Your Relief of Duty status will continue until this office notifies you otherwise. During the investigation, you have certain contractual rights, including the right to have representation in meetings. | understand that you may have questions regarding your Relief of Duty status. If so, you may call me at (407) 317-3239. Sincerely, VV LE: Maggie Reynolds Senior Manager TR Employee Relations Ne vt | zelee es receipt of this notice Date \ ci. Jenny Gibson-Linkh Payroll Employment Services “The Orange County School Board is an equal opportunity agency.” ATTACHMENT D WITNESS STATEMENT (Block Pen Only) {_] i chose to make 9 statement (1) t chose not io make a statement. Name (print): | Date: re ——— | Grade: 10. _ List of Witnesses:

Docket for Case No: 07-001761TTS