Jun 10 2008 13:36 9417147536 School District of Manat 01:39:30 p.m. 06-10-2008 3/12 1 ; BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 08-0008 KYLE A, BRAUN, Respondent/Employee. ADMINISTRATIVE COMPLAINT Dr. Roger Dearing, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, KYLE A. BRAUN (“Braun”), effective June 10, 2008, and as grounds therefore states as follows: FACTUAL ALLEGATIONS 1. Braun has been employed with the School District of Manatee County since February 2, 2000. She is currently on administrative leave with pay from her position as a teacher's aide at Blackburn Elementary School. 2. Braun failed to report to work on Wednesday, April 9: Thursday, April 10; Friday, April | 1; and Monday, April 14, 2008. 3. Braun failed to request prior appropriate approved leave for her absences on Wednesday, April 9; Thursday, April 10; Friday, April | 1; and Monday, Aprit 14, 2008, 4. Braun failed to call the SIMS System to secure a substitute for her absences on Wednesday, April 9; Thursday, April 10; Friday, April 1; and Monday, April 14, 2008. 9417147536 Jun 10 2008 13:36 School District of Manat 01:39:58 p.m. 06-10-2008 5. Braun failed to personally call the school and comply with all early call-in requirements per School Board Policy for her position as a teacher’s aide on Wednesday, April 9; Thursday, April 10; Friday, April | 1: and Monday, April 14, 2008. 6. At approximately 9:15 am. on Thursday, April 10, 2008, Braun called the school and spoke with David Marshall, Principal, and Nancy Goux, Assistant Principal. During the conversation Braun explained her whereabouts from Sunday through Thursday. Braun stated that her rental car broke down and that she had a new cell phone. Braun provided Goux and Marshall with her new cell phone number, During this conversation Marshall informed Braun that she had not been approved to be off of work for the day. She told Marshall, “Listen to me; I have a doctor’s note". Marshall repeated that she needed to report to work. Ac that point, Braun stated that she was using someone’s cell phone and had to go. Braun then ended the conversation by hanging-up without saying good-bye. 7. Despite the principal's direct order that she report for work, Braun failed to do so. 8. On Friday, April 11, 2008, Braun phoned the Office of Professional Standards and left a phone message on the investigator's office voicemail in reference to a prior arrest and ended the conversation by stating she had to “call in sick.” 9 On April Ef, 2008, Braun failed to call the school or the SIMS System to report her absence after leaving the voice message in the Office of Professional Standards (OPS) stating she was going to do so, 10. On April 14, 2008, a female, who identified herself as Braun’s mother, phoned Blackburn Elementary and informed them that Braun would be late for work, 4/12 9417147536 Jun 10 2008 13:36 School District of Manat 01:40:25 p.m. 06-10-2008 I1. After the above-mentioned call, another female, who identified herself as “ joan, a dear friend of Braun’s,” phoned the school and stated that Braun would report to school at approximately noon due to the fact that she was currently at the doctor’s office. 12. On Monday, April 14, 2008, Braun reported to Blackburn Elementary at approximately 11:45 AM, She briefly spoke with administration. She was then given a directive by her principal to report immediately to OPS. She was also provided with directions to the office. Braun left Blackburn at approximately 12:20 p.m. 13. On Monday, April 14, 2008, Braun reported to the OPS at approximately 3:15 p.m., almost three hours after she was given the directive to report to OPS immediately. 14. On Monday, April 14, 2008, during the OPS interview with Braun, Braun failed to cooperate fully by continually interrupting the investigator during questioning, calling an attorney, giving inconsistent answers, and behaving erratically all of which required the investigator to terminate the interview and escort Braun out of the office. 15. During the interview with OPS, Braun stated she had been “out of town and sick” on April 9, 2008. 16. On Monday, April 14, 2008, Braun was placed on paid administrative leave effective immediately. 17. Braun has been absent from her duties at Blackburn Elementary from the beginning of the 2007-2008 school year through April 10, 2008, for a total of 30 days. These absences are broken down as follows: a) 56 hours paid sick leave; b) 119.5 hours of unpaid sick leave; and c) 34.5 hours of personal charged to sick leave. {8. On March 13, 2008, Braun was issued a memorandum of conference by the administration of Blackburn Elementary regarding her excessive absences. 5/12 9417147536 Jun 10 2008 13:37 School District of Manat 01:40:52 p.m. 06-10-2008 19. Braun's excessive absences have negatively impacted the classroom she is assigned to at Blackburn Elementary School. VIOLATIONS 20. Section 6.11 of the Policies and Procedures Manual of the School Board of Manatee County, adopted March 14, 2005, provides that an employee may be suspended without pay or terminated from employment for just cause, including but not limited to, ... misconduct in office ... violation of the Policies and Procedures Manual of the School Board of Manatee County, ... violation of ...the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. Just cause exists to discipline the employee based upon the foilowing: 21. Braun's actions constitute just cause under section 6.1 I. 22. Braun has engaged in misconduct in office as defined in Rule 6B-4.009(3), FAC. Misconduct in office is defined as a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B-.001, F.A-C., and the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C., which is so serious as to impair the individual's effectiveness in the school system. 23. Braun's actions constitute unauthorized leave pursuant to Section 6.2.2 of the Policies and Procedures Manual of the School Board of Manatee County which provides that an employee is deemed to be on unauthorized leave at any time when the employee is absent from performance of required duties without giving notice and without having made provisions for appropriate leave. 24. Braun’s excessive absenteeism, which has had an adverse impact on her classroom at Blackburn Elementary School, constitutes a violation of section 6.2.2.B. 1) and 2) of the Policies and Procedures Manual of the School Board of Manatee County. 4 6/12 9417147536 Jun 10 2008 13:37 School District of Manat 01:41:20 p.m. 06-10-2008 7 c C 25, Braun's actions further constitute willful absence without leave pursuant to section 1012.67, Florida Statutes (2007) which provides that any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his or her employment shall be subject to termination by the district school board. 26. Braun has engaged in gross insubordination and willful neglect of duties as defined in Rule 6B-4.009(4), F.A.C. Gross insubordination or willful neglect of duties is defined as a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority. 27. Braun's actions violated School Board Policy 6.13 (4)(a) and (b) Investigating Complaints and Other Matters by the Office of Professional Standards which requires that all School Board employees shall cooperate fully with OPS or other appropriate authorities who are conducting an investigation and failure to cooperate completely and truthfully will subject an employee to disciplinary action. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Kyle A. Braun’s, employment, effective June 10, 2008. Ifa hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, june 10, 2008, pending the outcome of the hearing. RIGHT TO A HEARING I. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2007) regarding the Superintendent's recommendation. 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter 120, Florida Statutes (2007), and the Uniform Rules 5 7/12 9417147536 Jun 10 2008 13:38 01:41:48 p.m. 06-10-2008 School District of Manat adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a hearing is requested. A sample Request is attached for Respondent's reference and use. 3. Respondent must file the Request with Lyn Lego, Agency Clerk, at 215 Manatee Avenue West, 5th Floor, Bradenton, Florida 34205 no later than 4:30 p.m. on June 9, 2008, with a copy to Robert J. Shapiro, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd Floor, Bradenton, Florida 34205, Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified representative at Respondent's expense, 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes (2007) is not available. DATED this 19" day of May, 2008, in Bradenton, Manatee County, Florida. ; Va _ J. Shapiro Florida Bar: 231381 School Board of Mapatee Counp P.O. Box 9069 Bradenton, FL 34206 Telephone (941) 708-8770, x2262 Facsimile: (941) 714-7536 Attorney for Petitioner/Employer 8/12

Docket for Case No: 08-002742