Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: CONRAAD HOEVER
Judges: J. D. PARRISH
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Feb. 26, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 27, 2008.
Latest Update: Dec. 24, 2024
Feb 26 2008 15:25
2008-02-26 15:28 >> 8509216847 P 6/10
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
JAMES F.NOTTER, Superintendent
of Schools
Petitioner,
V5.
CONRAAD L. HOEVER
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, JAMES F. NOTTER, as Superintendent of Scheols, files this Administrative
Complaint, pursuant to Section 1001.49, 1001.51, 1012.27(5) and 1012.33, Florida Statutes and
Chapter 120, Florida Statutes, and states the following
LJURISDICTIONAL BASIS
}. The agency is the School Board of Broward County. Florida. which is located al 600
Southeast Third Avenue, Fort Lauderdale, Broward County, Flarida 3330].
2. Petitioner is the Superintendent of Schools for Broward County, Florida
3. Petitioner is statutorily obligated to recommend the placement of schoo! personne!
and to requite compliance and observance with all laws, niles and regulations. Petitioner is
authorized to report and enforce any violation thereof, together with recommending the appropriate
disciplinary action against any instructional personnel employed by the Broward County School
Board
4. Respondent, Conraad {.. Hoever (“Hoever”), was employed, at all tmcs material
herein, as a teacher at Blanche Ely High Schoo! pursuant to an Employment Contraet with the
Broward County School Distriet
Feb 26 2008 15:25
2008-02-26 15:28 >> 8509216847 P 7/10
I, MATERIAL ALLEGATIONS
5. On March 2, 2007, Respondent did intentionally touch a fiftcen (15) year-old female
student (K.W.), in a lewd or lascivious or otherwise inappropriate manner.
6. Further, during the 2006/2007 schoo! year the Respondent made inappropriate
comments to female student(s) on one or mere occasions.
7. That subsequently, the Respondent was arrested and criminally cnarged by
information with threc (3) criminal counts of sexual battery, lewd or lascivious molestation and false
Imprisomment.
l._ IMMORALITY
8. Respondent has violated Fla. Stat. §§ 1012.36(1}(a) and 1012.33() )(a) and Rule 6B-
4.009(2) of the Florida Administrative Code. Respondent's acts constitute acts of immorality, that
is, conduct inconsistent with the standards of public conscience and gaod morals. Respondent's
conduct is sufficicntly notorious to bring Respondent and/or the educational profession inte public
disgrace or disrespect, and impair Respondent's service in the community.
2, MISCONDUCT IN OFFICE
9. Respondent has violated Fla. Stat. § 1012.33(1)(a) and Rule 6R-4.009(3)
Respondent's actions constitute misconduct jn office through violation of the Principles of
Professional Conduct for the Education Profession in the State of Florida and the Standards cf
Competent Professional Performance for the Education Profession in the State of Florida, to wit:
(3) Obligation to the student requires that the individual:
(a) shal] make a reasonable cffort to protect the
student from conditions harmful to learning
and/or to the student's mental and/or physical
health and/or safety.
Feb 26 2008 15:25
2008-02-26 15:28 >> 8509216847 P 8/10
(b) shail not unreasonably restrain a student from
independent action in pursuit of learning.
(e) shall not intentionally expose a student to
unnecessary embarrassment o: disparagement.
() shall not intentionally violate or deny a
student's legal rights.
th) shall not exploit a relationship with a student
for personal gain or advantage
(4) (a) shall take reasonable precaution to distinguish
berween personnel views and those of any educational
institution or organization
(c) shall not use institutional privileges for persona: gain or advantage.
3. MORAL TURPITUDE
10, Respondent has violated Mla. Stat. § 1012.33(1)(a} and Rue 6B-4.009(6) of the
Florida Administrative Code. Respondent's acts constitute acts of moral turpitude, that is, acts of
baseness, vilencss or depravity in the private and social duties, which, according to the accepled
standards of the time. 4 person owes to his fellow human or to society in general, and the doing of
the act itself and not its prohibition by stature fixes the moral turpitude.
1. This Administrative Comolaint is brought pursuant to the autherity outlined tn Fla,
Stat. §§ 120.57: 1001.42; 1012.22: 1006 07; 1006.28: 1006.22; 1001 $0, 1001.49:100) 51, 1012.27,
1006.08; 1012.33(1)(a} and Chapters 6B-] and 6B-4 of the Florida Administrative Code and the
appropriate bill or rules.
IL_DEMAND FOR RELIEF
WHEREFORE, based upon the foregoing, Petitioner, James F. Wolter. Superintendent of
Schools, recommends that the Schoo] Board, subsequent to providing the requisite notice. dismiss
the Respondent, Conraad L. Hoever. from his employment basedl upon the forcgaing facts and legal
Feb 26 2008 15:25
>> 8509216847
2008-02-26 15:28
authority. Petitioner further, recommends the immediate suspension of Respondent without further
pay or benefits in the event the Respondent should challenge the schoo! board's recommendation
of the termination of his employment.
o
EXECUTED this 4 day of January, 2008
o f
WMIES F. NOTTER
/ Stoperintondent af Schools. Broward County
P 9/10
Docket for Case No: 08-001026TTS
Issue Date |
Proceedings |
May 27, 2008 |
Order Closing File. CASE CLOSED.
|
May 23, 2008 |
Motion to Cancel Hearing and to Relinquish Jurisdiction filed.
|
May 23, 2008 |
(Proposed) Order on Motion for Continuance filed.
|
May 23, 2008 |
Motion for Continuance filed.
|
May 22, 2008 |
Order on Petitioner`s Emergency Motion to Compel/Motion in Limine.
|
May 22, 2008 |
Petitioner`s Emergency Motion to Compel/Motion in Limine filed.
|
May 12, 2008 |
Notice of Cancellation of Depositions filed.
|
Apr. 29, 2008 |
Notice of Cancellation of Depositions filed.
|
Apr. 18, 2008 |
Re-notice of Taking Deposition filed.
|
Apr. 18, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 19 and 20, 2008; 9:00 a.m.; Fort Lauderdale, FL).
|
Apr. 18, 2008 |
CASE STATUS: Motion Hearing Held. |
Apr. 17, 2008 |
Letter to Judge Parrish from J. Herman regarding Motion for Protective Order filed.
|
Apr. 15, 2008 |
Motion to Quash Protective Order and for Attorneys Fee`s and Response to Motion for Protective Order filed.
|
Apr. 11, 2008 |
Respondent`s Response to Petitioner`s Motion to Compel and Motion for Sanctions filed.
|
Apr. 10, 2008 |
Motion for Protective Order filed.
|
Apr. 10, 2008 |
Notice of Appearance (filed by Jeffrey M. Herman for witness, Jane Doe).
|
Apr. 04, 2008 |
Notice of Telephonic Motion Hearing (motion hearing set for April 18, 2008; 9:30 a.m.).
|
Apr. 03, 2008 |
(Proposed) Order on Unopposed Motion for Continuance filed.
|
Apr. 03, 2008 |
Unopposed Motion for Continuance filed.
|
Apr. 02, 2008 |
Re-notice of Taking Deposition filed.
|
Mar. 31, 2008 |
Respondent`s Response to Petitioner`s First Set of Interrogatories filed.
|
Mar. 31, 2008 |
Petitioner`s First Set of Interrogatories to Respondent filed.
|
Mar. 31, 2008 |
Respondent`s Response to Request for Production filed.
|
Mar. 31, 2008 |
Request for Production filed.
|
Mar. 31, 2008 |
Petitioner`s Motion to Compel and Motion for Sanctions filed.
|
Mar. 26, 2008 |
Respondent`s Response to Petitioner`s First Set of Interrogatories filed.
|
Mar. 26, 2008 |
Re-notice of Taking Deposition filed.
|
Mar. 26, 2008 |
Notice of Taking Depositions filed.
|
Mar. 26, 2008 |
Respondent`s Response to Request for Production filed.
|
Mar. 26, 2008 |
Respondent`s Response to Petitioner`s Request for Admissions filed.
|
Mar. 14, 2008 |
Re-notice of Taking Depositions filed.
|
Mar. 10, 2008 |
Order of Pre-hearing Instructions.
|
Mar. 10, 2008 |
Notice of Hearing (hearing set for May 13 and 14, 2008; 9:00 a.m.; Fort Lauderdale, FL).
|
Mar. 10, 2008 |
Request for Production filed.
|
Mar. 10, 2008 |
Notice of Service of Respondent`s Request for Production to Petitioner filed.
|
Mar. 10, 2008 |
Respondent`s First Set of Interrogatories to Petitioner filed.
|
Mar. 10, 2008 |
Notice of Service of Respondent`s First Set of Interrogatories to Petitioner filed.
|
Mar. 06, 2008 |
Notice of Taking Depositions (5) filed.
|
Mar. 04, 2008 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Mar. 04, 2008 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
Mar. 04, 2008 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
Mar. 04, 2008 |
Joint Response to Initial Order filed.
|
Feb. 27, 2008 |
Initial Order.
|
Feb. 26, 2008 |
Notice of Recommendation of Suspension filed.
|
Feb. 26, 2008 |
Administrative Complaint filed.
|
Feb. 26, 2008 |
Request for Administrative Hearing filed.
|
Feb. 26, 2008 |
Agency referral filed.
|