Sep 24 2007 15:28 2007-09-24 15:26 >> 8509216847 P 7/11 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F. NOTTER, Interim Superintendent of Schools, PETITION FOR FORMAL PROCEEDINGS Petitioner, v. SCOTT DAVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, James 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 Statutcs, as well as Chapters 6B-1 and 6B-4 of the Florida Administrative Code, and states the following: J, Jnrisdictional Basis a. The agency js 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. Notter, who is the Interim Superintendent of Schools of Broward County, Florida. c. The Petitioner is stantorily obligated to recommend the placement of schoo] personnel and to require compliance and observance with all laws, rules, and regulations. Any violation thereof shal] be reported with the appropriate disciplinary action against any schoo] personne) failing to comply therewith, inclusive of the Respondent, Scott Davis. Sep 24 2007 15:29 2007-09-24 15:26 >> 8509216847 P 8/11 d. The Respondent, Scott Davis, is an employee of the Broward County Schoo] Board and is currently employed as a band teacher at Pompano Beach High School. e. The last known address of the Respondent, Scott Davis, is 4866 N.W. 22™ Street, Coconut Creek, Florida 33063. Tl. Specific Charges The Petitioner, James F. Notter, alleges as follows: A. Respondent, Scott Davis, engaged in inappropriate conduct with students by allowing them access to his inappropriate myspace.com account. Mr, Davis was advised by now-retired principal Mr. William Bell about this conduct when a complaint was filed with him, Specifically, the profile had topics that were sexual] in nature, profanity, inappropriate photographs, and depression/aleohol/drug content. In particular, on his profile, to which students had access before and after it was made private, Mr, Davis admits to having “become an alcoholic” and to being on drugs. In return, Mr. Davis made the site private so that it could only be accessed by an invitation to join his friends list, and he removed the school’s name from the site. As late as October 16, 2006, the home page of Mr. Davis’ myspace.com account, had as B. a cover page Mr. Davis giving the viewer the finger. Notwithstanding the opportunity to correct his misconduct, Mr. Davis failed ta do so. The picture on the home page was of Mr. Davis giving the finger with the utle of “I am pissed bitch.” While Mr. Davis purported to make his account private, in fact, several! Pompano Beach High School students were on Mr. Davis’ “friends list,” which would allow them to have access to his inappropriate site. At the beginning of the 2006/2007 school year, the photograph on Mr. Davis’ home page Sep 24 200% 15:29 2007-09-24 15:26 >> 8509216847 P 9/11 was accompanied by the title “You can just fuck off.” In addition to this, the title was linked to several band students’ home pages. Mr. Davis admits giving students access to his myspace.com account by including them inhis friends list and that both current and former students contact him on his site. He further admits that the picture is inappropriate. C. On November 15, 2006, Mr. Davis contacted witnesses to this investigation and threatened that if things did not work out how he wanted them to, he would take sore of the faculty down with him, In addition 10 the threat, this insubordinate act violates the orders not to engage ary of the witnesses in any conversation regarding the investigation given in his Notice of Investigation dated October 25, 2006. D. Mr. Davis violated the School Board’s policy regarding his school-issued laptop computer. Upon examining the computer’s hard drive, two pictures of Mr. Davis giving the viewer the finger were found, one of which was posted on his my space sile. However, upon examining the computer’s cookies, three websites were found to have been accessed by Mr. Davis on his school- issued computer: www.pay.com, www.payboysglobal.com, and www. hisfirsthugecock.com. Mr. Davis admits to visiting these sites. E. Thisisadirect violation of the terms of the use of his signed property pass, as these sites are not part of Mr. Davis’ employment/study assignments. Mr. Davis also admits that he received and signed for the property which, as parl of iis terms, states that he agreed to abide by Board Policy #5306 - Acceptable Technology Use, but he states he never read this policy. F. That just cause exists for the requested relief, pursuant to Fla. Stat. §1012.33(1)(a) and §1012.33(4)(c), the Respondent's employmentconiract, School Board rules and regulations, and the 2007-09-24 15:26 Sep 24 2007 15:29 >> 8509216847 Employee Disciplinary Guidelines promulgated by the School Board, including but not limited to the following: ) 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 Florida Administrative Code, and his actions constitute misconduct in the office through violation of various provisions of the Code of Ethics of the Educational Profession, Rule 6B-1.006 Florida Administrative Code. Immorality: The Respondent, through his above-described conduct, has violated §1012.33(4)(c) Fla. Stat, and Rule 6B-4,009(2) of the Florida Administrative Code, and his actions constitute immorality that is conduct inconsistent with the standards of public conscience and good morals. The Respondent's conduct, as factually set forth herein, is sufficiently notorious to bring the Respondent and/or the educational profession into public disgrace or disrespect and impair the Respondent's service in the community. WHEREFORE, based upon the foregoing, the Petitioner, James F. Notter, Interim Superintendent of Schools, recommends that the School Board, subsequent to providing requisite notice, dismiss the Respondent, Scott Davis, from his employment as an instructional employee based upon the foregoing facts and legal authority. Dated: June >, 2007 P 10/11 Sep 24 2007 15:30 >> 8509216847 2007-09-24 15:26 Dr. Joe Melita, Executive Director Professional Standards & Special lnvestipiive Unit Tel (754)321-0738 © FAX (754)32)-0736 Cher Viee Chau THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA $$ rerrerre a P 11/11 SCHOOL ROARD BEVERLY A. GALLAGHER ROBIN RARTLEMAN Special Investigarive Unis 1 F UREEN §& GINNEN Tel 754-321.0725 « FAX 754 321-0030 Certified Mail 86401 TENN ok cate GEYTTL EB 70020860 9002 435 PEIYILAS ©. HOPE June 5, 2007 STEPHANIF ARMA KRAFT. ESQ. ROBERT fh. PARKS, Fy 0 7 a FLEANOR SORM1 Mr. Scott Davis BRAJAMIN J. WILLIAMS 4866 NW 22” Street Coconut Creek, KL 33063 JAMES F NGTTER Interin Superinteniieat of Schouls Dear Mr. Davis: Pursuant to Florida Statute 1012.33, you are hereby notified that a recommendation will be made to the School Board for your formal suspension without pay as a teacher of The School Board of Broward County, Florida. ‘This recommendation is predicated upon the charges outlined in the attached Petition for Formal Proceedings, Flosida School Laws, Section 1012.27, Duties und Responsibilities of the Superintendent, paragraph 27, sub-section (e) states the following: “Suspend members of the instructional staff and other school employees during emergencies for a period extending to and including the day of the next regular or special meeting of the School Board and notify the School Board immediately of such suspension, When authorized do so, serve notice on the suspended member of the instructional staff of the charges made against him and of the date of hearing. Recommend employees for dismissal under the terms prescribed herein.” These charges will be Adininisuation Building, 600 Southeast Third Avenue, Presented to ihe School Board on Tuesday, July 24, 2007, at 10:15 am, at K, C. Wright Fort Lauderdale, Florida, with a recommendation for your dismissal. You rnay request a formal 120 hearing, provided thal you request said hearing, in writing, to the Superintendent on or before 4:00 p.m,, Tuesday, August 7, 2007. Failure to request a hearing will result in the School Board acting upon the Superintendent's recommendation at the Tuesday, August 2], 2007 Board meeting. ‘This is your notice pursuant to Florida Statue 1012.3] that the material contained in your investigative file, in the office of Professional Standards and Special Investigative Unit, is a public record and it will become available for inspection by the public ten days from receipt of this letter, Provided in accordance with the laws of the State of Florida. iy? fer 4 ames F, Notte Interim Superintendent of Schools JENIM/pe Attachment c Dr. Joanne W, Harrison, North Area Superintendent Joe Melita, Executive Director, Professional Standards & Special Investigative Lnit Rebeca A. Brito, Director, Instructional Staffing (avid Gordon, Principal, Pompano Beach High Schoo! Edward Marko, Board Attorney Carmen Rodriguez. Board Attorney Tran Morming Educanon: One Sindent Ar A Time Broward County Public Schools ty An Equal Oppertiunity‘Egual Access Empiaver ‘720 WEST OAKLAND Pak ROUEEV ARI Stieuren mio rrees Any request made by the public for the documentation teferred to above will be

Docket for Case No: 07-004413TTS