Feb 25 2009 9:53 2009-02-25 09:50 >> 8509216847 P 7/11 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F, NOTTER, Superintendent of Schools, Petitioner, PETITION FOR FORMAL PROCEEDINGS Vv. PETER VARANI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, James F. Notter, 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: 1. 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. Notter, who is the Superintendent of Schools of Broward County, Florida. c. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules, and regulations. Any violation thereof shall be reported with the appropriate disciplinary action against any school personnel failing to comply therewith, inclusive of the Respondent, Peter Varani (hereinafter Feb 25 2009 9:54 2009-02-25 09:50 >> 8509216847 P 8/11 “Varani’). d. Respondent Varani is an employee of the Broward County School Board and is currently employed as a teacher at Cypress Bay High School. ¢. The last known address of the Respondent, Peter Varani, is 13317 5.W. 64" Lane, Miami, Florida 33183, 2, Specific Charges The Petitioner, James F. Notter, alleges as follows: a. Respondent Varani engaged in inappropriate conduct with students by text messaging them inappropriate solicitations and messages from his cell phone, allowing students access to his cell phone, and engaging in improper contact with the students. Specifically, Vararii’s phone records show that on February 27, 2008, between 1:42 p.m. and 4:07 p.m. several text messages and/or phone calls were made to student, M.C.’s phone, about going out on a date with him on or about February 27, 2008. ‘Then during Varani’s class the next day, Varani asked M.C., “Oh no, dinner?” M.C. felt uncomfortable and brought her concerns to teacher, Sara Kamiab, Ms. Kamiab reported this incident to administration. Varani’s phone records indicate that he also contacted M.C. on two occasions on February 12, 2008, and on one occasion on February 22, 2008. b Another student, K.F., the best friend of M.C., reported that she also received several text messages from Varani on February 27, 2008, in which he asked K.P. “Why wont [M.C_] go out w~ me”, then in another message he requested “[K.F.] hook me up w~ [M.C.]”, and finally he stated “t really like her [M.C.]. She is the best.” Both Varani’s and K.F."s phone records verify that messages were sent between these two phones on February 27, 2008, Page 2of 5 Feb 25 2009 9:54 2009-02-25 09:50 >> 8509216847 P 9/11 between [1:14 am. and 11:39 a.m. Varani admitted that he had sent the first text message to K.F. in which he asked “Why wont [M.C.] go out w- me,” but he insists that was only a joke and he thought that he had worded it differently. &. Varani also attempted to manipulate a third student to lic and cover-up his inappropriate conduct. Varani called that student, D.P., and asked that she cover for him because he had text messaged M.C. and was in trouble. Varani asked D.). to say that she was the one who had text messaged M.C., since she had previously used his phone to text another of her friends. Varani told 1).P. that if he lost his job then she, D.P., would feel extremely bad. d. In addition, Varani had inappropriate physical contact with female students. D.P. Teported that Varani would grab girls by the hip and hug them, and even suggested “hanging out” with her and D.B. outside of school. D.B. stated that Varani would “come up from behind and touch your hip or lower back.” é. Also, pictures were discovered on Varani’s school-issued computer showing him hugging a student in a classroom, a student hugging him from behind, and several pictures of students outside of the classroom. One of the girls in the pictures, former student Gabriclla Celiberti, said the pictures were taken at the Hard Rock Café in Hollywood, Florida, but not by Varani, Celiberti did state though that afler she showed those pictures in her email account to Varani, he said he wanted them so she downloaded the pictures to Varani’s computer. In addition, Varani’s computer contained a picture of an unidentified young woman standing up in her underwear, and a picture of another unidentified young woman laying on a bed. Page 3 of 5 Feb 25 2009 9:54 2009-02-25 09:50 >> 8509216847 P 10/11 3. Just Cause Just cause exists for the requested relief pursuant to § 1012.33(1)(a) and § 1012.33(4)(c), Fla. Stat., the Respondent’s employment contract, School Board rules and regulations, the Code of Ethics of the Education Profession, and the Employee Disciplinary Guidelines promulgated by the School Board, including but not limited to the following: 1) Misconduct in the Office: The Respondent, through his above-described conduct, 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 Education Profession, Rule 6B-1.001, 6B-1.006 Florida Administrative Code, 2) Immorality: The Respondent, through his above-described conduct, violated §1012.33(4)(c) Fla. Stat., and Rule 6B-4,000(2) of the Flonda Administrative Code, and his actions constitute immorality, which is conduct inconsistent with the standards of public conscience and good morals. Additionally, the Respondent's above-described conduct further violates the Code of Ethics of the Education Profession, Rule 6B-1.001, 6B-1.006, Florida Administrative Code. The Respondent’s conduct, as factually set forth herein, is sufficiently notorious to bring the Respondent and/or the education profession into public disgrace or disrespect and impair the Respondent's service in the community. 3) ‘Technology Use: The Respondent, through his above-described conduct, violated School Board Policy # 5306 and the stipulations contained in the property pass for his Page dof § Feb 25 2009 9:55 2009-02-25 09:50 >> 8509216847 P 11/11 school-issued Japtop computer, which clearly restricts use of the computer to employment/study assignments. WHEREFORE, based upon the foregoing, the Petitioner, James F. Notter, Superintendent of Schools, recommends that the School Board, subsequent to providing requisite notice, dismiss the Respondent, Peter Varani, from his employment as an instructional employee based upon the foregving facts and legal authority. Dated: December 3, 2008 Carmen Rodriguez, Cadre Attorney Pape Sof 5

Docket for Case No: 09-001024TTS