Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: SCOTT ADELMAN
Judges: JUNE C. MCKINNEY
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Jun. 18, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 26, 2008.
Latest Update: Dec. 25, 2024
Jun 16 200? 11:39
1007-06-16 11:57 >> 8509216847 P 7/12
THE SCHOOL BOARD OF BROWARD COUNTY. FLORIDA
JAMES FP. NO'TTER.
Interim Superintendent of Schools,
Petitioner, PETITION FOR FORMAL PROCEEDINGS
vy.
SCOTT ADEI.MAN, .
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Jamcs F. Notter, Interim Superintendent of Schools of Broward County.
Florida, through his undersigned counsel, Law Offices of Carmen Rodriguez, P.A., files this
Administrative Complaint, pursuant to Chapters 120, 1001, and 1012 of the Florida Statutes, as
well as Chapters 6B-1 and 6B-4 of the Florida Administrative Code, and states the following:
|. Jurisdictional Basis
A. The agency is the School Board of Broward County, Florida, located at 600 Southeast
Third Avenue, Fort Lauderdale, Broward County, Florida 33301.
B. ‘The Petitioner is James F. Nottcr, who is the Interim Superintendent of Schools of
Broward County, Florida.
C. The Petitioner is statutorily obligated to recommend the placement ol’ school
personnel and to require compliance and observance with all Jaws, rules, and
regulations. Any violation thercof shall be reported with the appropriate disciplinary
action against any school personnel failing to comply therewith, inclusive of the
007-06-16 11:57
m
Jun 16 2007 11:39
>> 8509216847
Respondent, Scott Adelman.
The Respondent, Scott Adelman, is an employee of the Broward County School
Board and is currently employed as a teacher at Coconut Creck High School.
The last known address of the Respondent, Scott. Adelman, is 5520 Lakeside Drive
#104, Margate, Florida 33063.
Il. Specific Charges
The Petitioner, James F. Notter, alleges as follows:
A.
Respondent, Scott Adelman, engaged in inappropriate physical contact with students
on several occasions. Mr. Adelman's conduct, includes pushing and/or striking
students and/or touching students in a physically aggressive or threatening manner.
On October 13, 2006, the band had participated in spirit week activities, including a
parade and a pep rally. After the pep rally, the band students wanted uccess to the
band reom prior t marching practice. Mr. Adelman rcfused to allow the students
into the band room, including those needing their things to go home. J.C. needed to
yet into the band room to get her things as she was not going lo attend the game that
night. When Mr. Adelman Ict the colorguard in, a door was left open and J.C, as
well as several other students, tried to enter the band room. Mr, Adclmun threatened
to physically remove anyone who entered the band room, and when he saw J.C. about
to enter, he ran to the door and slammed it shut. Mr. Adetman screamed for J.C. to
gel oul of his face, to which she replied that she was not in his face and backed up as
much as she could. As J.C. tried to enter the band room, Mr. Adelman pushed her
away and inty another student, M.S., who caught her. Mr. Adelman then hit J.C. with
P 8/12
1007-06-16 11:57
Jun 16 2007 11:39
>> 8509216847
a closed fist to her upper right breast area and then pushed her again. J.C. then
slapped Mr. Adelman prior to being removed by anuther student, E.L..
On October 13, 2006, another incident with a student, J.T., occurred. Mr. Adelman
attempted to kick her and then pushed her on her chest when she tried lo enter the
band room. ‘he students told Mr, Adelman that they were thirsly and dehydrated and
needed {o enter the band room for a drink and to coo! all
Approximately one week after the October 13, 2006 incident, a student, M.L.. was in
an altercation with Mr. Adelman. While at marching practice, Mr. Adelman began
yelling at him to get off of the field. Mr. Adclman threatened: “Don’t make me
physically remove you from this field.” As MLL. tried ta explain why he was out of
place, Mr. Adelman pushed M.L. backwards. A Band Parent Association member
pulled M.L. away from the field.
Mr. Adelman was also the cause of another student being hurt during a pep rally.
D.C. blew his instrument while students in the stands yelled when the 2009 class was
called. Mr. Adelman came up and pulled the instrument out of D.C."s mouth. D.C.,
who was still trying to play, accidentally pulled the instrument hack and it hit him in
the mouth causing him pain and bleeding.
Mr. Adelman also admits 10 having slammed (he cover to the piano keys on student
R.C."s fingers as he was playing, causing blood marks to appcar on his fingers.
Mr. Adelman made threats repeatedly ayainst the sludents, including threats of
physical violence. Mr. Adelman was heard telling students he would “physically
remove them” from areas where he did not want them, and he also made threats that
P 9/12
Jun 16 200? 11:40
007-06-16 11:57 >> 8509216847 P 10/12
he would stick his “size nine shoc up your ass.” On October 11, 2006, J.C.’s cell
phone captured Mr. Adelman saying “I am ready to put my fingers around someonc’s
neck and choke someone right now.”
G. Mr. Adelman also used: inappropriate language around the students. One student,
R.K.G., reported Mr. Adelman to administration for yelling “This isn't a fucking
playground,” when students were unruly in the band room. Other students report that
he often uses profane language, including the words “fuck,” “shit,” and “ass.”
H. Mr. Adelman admits to using profanc and imappropriate language. He also admits to
teaching students how to breathe by doing a technique that resembles being hit in the
stomach. When Mr. Adelman performed this on students he admits they regarded it
as being hit in the stomach.
J. On January 10, 2007, Mr. Adelman was again advised to ccase his unapproved
contact with the school and that his continuous disregard of this dircctive constituted
gross insubordination. Upon commencement of this investigatian on October 25,
2006, Mr. Adelman was advised he was not to engage in any conversation with
anyone at the school unless directed to do so. Mr. Adelman has violated this directive
numerous times resulting in the cancellation of his CAB account, and a revised
investigation request sent on January 10, 2007 citing that Mr, Adelman had
previously been reprimanded by the investigator, Ms. Anderson and Dr. Melita, the
Executive Director of SIU. Mr. Adelman had also been told by Mr. Butler, the
interim Principal. about ccasing eontact with the school. Mr. Adelman advised in
return that he would continue.
1007-06-16 14:57
Jun 16 200? 11:40
>> 8509216847
On April 4, 2007 Mr. Adelman pled no contest to simple baltery based on a criminal
Miling in the case ot student J.C.
Thal just cause exists for the requested relief, pursuant to Fla. Stat. §1012.33(1)(a)
and §1012.33(4)(c), the Respondent's employment contract. School Board rules and
regulations, and the Employee Disciplinary Guidelines promulyated by the School
Board, including but uot limited to the following:
1)
2)
Misconduct in the Office: The Respondent, through his above-described
conduct, has violated §1012.33(1)(a) and §1012.33(4)(c) Fla. Stat., and
Rule 6B-4.009(3) of the I'lorida Administrative Code (“FAC”), and his
actions constitute misconduct in the office through violation of various
provisions of the Code of Lthies of the Lducutianal Profession, Rule 63-
1.006 Florida Administrative Code.
Gross Insubordination: The Respondent, through the above-described
conduct, violated §1012.33(1)(a) and §1012.33(4)(c) Fla. Stat. and
Rule 6B-4.009(4) of the FAC.
WHEREFORE, based upon the forcgoing, the Petitioner, James F. Notter, Interim
Superintendent of Schouls, recommends that the Schoo] Board, subsequent tv providing requisite
notice, dismiss the Respondent, Scott Adelman, from his employment as an instructional
employee based upon the foregoing facts and legal authority,
P 11/12
Jun 16 200? 11:40
Q07-06-16-17:57° 5° >> 8509216847 P 12/12
Dated: May j7, 2007
/ AAnterim Superintendent of Schools,
‘” Broward County, Florida
Docket for Case No: 07-002708TTS
Issue Date |
Proceedings |
Apr. 03, 2008 |
Notice of Change of Address filed.
|
Mar. 26, 2008 |
Order Closing File. CASE CLOSED.
|
Mar. 26, 2008 |
Petitioner`s Motion to Close File filed.
|
Feb. 04, 2008 |
Petitioner`s Motion for Continuance of Hearing filed.
|
Jan. 31, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 2 and 3, 2008; 9:00 a.m.; Fort Lauderdale, FL).
|
Jan. 29, 2008 |
Petitioner`s Motion for Continuance of Hearing filed.
|
Jan. 16, 2008 |
Respondent`s Notice of Service of Original Verification Page filed.
|
Jan. 14, 2008 |
Respondent`s Verified Responses to Petitioner`s First Interrogatories filed.
|
Jan. 14, 2008 |
Respondent`s Notice of Service of Verified Responses to Petitioner`s First of Interrogatories filed.
|
Jan. 04, 2008 |
CASE STATUS: Motion Hearing Held. |
Jan. 04, 2008 |
Second Order Granting Sanctions.
|
Jan. 03, 2008 |
Letter to C. Rodriguez from M. Kelly regarding decuments not received filed.
|
Dec. 21, 2007 |
Petitioner`s Notice of Unavailability filed.
|
Dec. 19, 2007 |
Respondent`s Notice of Service of First Set of Interrogatories and First Request for Production of Documents filed.
|
Dec. 18, 2007 |
Petitioner`s Second Motion for Sanctions for Failure to Provide Discovery filed.
|
Nov. 28, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 19 and 20, 2008; 9:00 a.m.; Fort Lauderdale, FL).
|
Nov. 21, 2007 |
Respondent`s Notice of Service of Responses to the Petitioner`s First Set of Interrogatories and First Request for Production of Documents filed.
|
Nov. 21, 2007 |
Respondent`s Responses to Petitioner`s First Request for Production of Documents filed.
|
Nov. 21, 2007 |
Respondent`s Unverified Responses to Petitioner`s First Set of Interrogatories filed.
|
Nov. 20, 2007 |
Notice of Telephonic Motion Hearing (motion hearing set for November 27, 2007; 3:45 p.m.).
|
Nov. 20, 2007 |
CASE STATUS: Motion Hearing Held. |
Nov. 16, 2007 |
Respondent`s Response to Petitioner`s Motion to Compel filed.
|
Nov. 14, 2007 |
Petitioner`s Motion for Sanctions or for Continuance of Hearing for Respondent`s Failure to Provide Discovery filed.
|
Nov. 09, 2007 |
Petitioner`s Motion to Compel Discovery filed.
|
Oct. 01, 2007 |
Petitioner`s Notice of Service of Interrogatories and Request for Production to Respondent filed.
|
Sep. 18, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 3 and 4, 2007; 9:00 a.m.; Fort Lauderdale, FL).
|
Sep. 14, 2007 |
Joint Motion for Extension of Time filed.
|
Jul. 05, 2007 |
Order of Pre-hearing Instructions.
|
Jul. 05, 2007 |
Notice of Hearing (hearing set for October 9 and 10, 2007; 9:00 a.m.; Fort Lauderdale, FL).
|
Jun. 28, 2007 |
Joint Response to Initial Order filed.
|
Jun. 28, 2007 |
Notice of Appearance (filed by M. Kelly).
|
Jun. 18, 2007 |
Initial Order.
|
Jun. 16, 2007 |
Notice of Suspsension and Termination filed.
|
Jun. 16, 2007 |
Request for Administrative Hearing filed.
|
Jun. 16, 2007 |
Administrative Complaint filed.
|
Jun. 16, 2007 |
Agency referral filed.
|
|
CASE STATUS: Motion Hearing Held. |