Mar 10 2009 8:40 2009-03-10 07:37 >> 8509216847 P 7/11 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F. NOTTER, as Superintendent of Schools, Petitioner, V. MATTHEW DIGGS, Respondent. i ADMINISTRATIVE COMPLAINT Petitioner, James F. Notter, Superintendent of Schools (“Petitioner”), files this Administrative Complaint against, MATTHEW DIGGS (“DIGGS”). The Petitioner seeks the termination of Respondent’s employment with the School Board of Broward County, pursuant to Sections 1001.51, 1012.27(5) and 1012.33, Florida Statutes. The Petitioner alleges the following: JURISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida, which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 3330). 2. Petitioner is the Superintendent of Schools for Broward County, Flonda. 3. Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules and regulations. Petitioner is authorized to report and enforce any violation thereot, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County School Board. Mar 10 2009 8:41 2009-03-10 07:37 >> 8509216847 4 Respondent, was employcd, at all times material herein, by the Broward County School Board as a teacher pursuant to a Professional Services Contract and holds a Florida Educational Certificate Number: 697017. 5. DIGGS was a teacher at Plantation Elementary School during the 2006/2007 school year. MATERIAL ALLEGATIONS 6. In May of 2007, J.C., a sixteen (16) year old female student, attended her younger sister’s graduation at Plantation Elementary School. 7. DIGGS, who was J.C.’s former 4" and 5" grade music teacher, approached J.C., looked her over and remarked “you’ve gotten so big", or words to that effect. 8. DIGGS later provided his cell phone number to J.C.’s younger sister, asking her to have J.C. call him. 9, When J.C. did not call that evening, DIGGS confronted the younger sister the following day at school, and inquired: “Ts J.C. going to call me?” 10. J.C. called DIGGS, who discussed several of his personal matters including his motorcycle, his adventures at Hardrock and his recent break-up with his girlfriend. DIGGS, during a subsequent telephone conversation with J.C., described his sexual fantasies, including but not limited to statements of “wanting to eat her pussy” or words to that effect; “when a guy goes down on you”; “taking her shoes off with his mouth”; “kissing her toes and the next thing she knows she'd have a bald head right between her legs”; and “licking your ass”. During the conversation with J.C., DIGGS began moaning, while evidently in the process of masturbating. P 8/11 Mar 10 2009 8:41 2009-03-10 07:37 >> 8509216847 P 9/11 Ll. The conversation between DIGGS and J.C. was overhead by two (2) other students. 12. DIGGS provided an untruthful account of his interaction with J.C., when questioned by school authorities. ADMINISTRATIVE CHARGES 13. Just cause exists for the requested relief, pursuant to Fla. Stat. §§ 1012.33(1)(a). Respondent’s employment contract and School Board rules and regulations, including but not limited to the following: COUNT 1: IMMORALITY 14. Respondent has violated Fla. Stat. § 1012.33, 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 good morals. Respondent’s conduct is sufficiently notorious to bring Respondent and/ar the educational profession into public disgrace or disrespect, and impair Respondent’s service in the community. COUNT 2: GROSS INSUBORDINATION/WILLFUL NEGLECT OF DUTIES 15, Respondent’s actions in refusing to obey a direct order, reasonable in nature and given by and with proper authority is violative of Rule 6B-4.009(4) of the Florida Administrative Code. COUNT 3: MORAL TURPITUDE 16. Respondent has violated Fla. Stat. § 1012.33 and Rule 6B-4.009(6) of the Florida Administrative Code, Respondent’s acts constitute acts of moral turpitude, that is, acts of basencss, vileness or depravity in the private and social duties, which, according to the Mar 10 2009 8:41 2009-03-10 07:37 >> 8509216847 P 10/11 accepted standards of the time, a person owes to his fellow human or to society in genera], and the doing of the act itself and not its prohibition by statute fixes the moral turpitude. COUNT 4: MISCONDUCT IN OFFICE 17. Respondent has violated Fla. Stat. 1012.33 and Rule 6B-4.009(3) of the Florida Administrative Code. Respondent’s acts are defined as a violation of the Code of Ethics of the Educational Profession as adopted in Rule 6B-1.001 F.A.C. and of Principles of Professional Conduet for the Educational Provisions in Florida, as adopted by Rule 6B-].006, F.A.C., which are so serious so as to impair the individual’s effectiveness in the school system, which includes the following: Q) Obligation to the student requires that the individual: (a) shall make a reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety. (e) shall not intentionally expose a student to unnecessary embarrassment or disparagement. (f) shall not intentionally violate or deny a student's legal nghts. (z) shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that cach student is protected from harassment or discrimination. (h) shall not exploit a relationship with a student for personal gain of advantage. 4 Obligation to the public requires that the individual: Mar 10 2009 8:42 2009-03-10 07:37 >> 8509216847 P 11/11 (c) shall not use institutional privileges for personal gain or advantage. (5) Obligation to the profession of education requires that the individual: (a) shall maintain honesty in all professional dealings. 18, This Administrative Complaint is brought pursuant to the authority outlined in Fla, Stat. §§ 120.57; 1001.42; 1012.22; 1006.07; 1006.28; 1006.21; 1001.50; 1001.49; 1001.51; 1012.27; 1006.08; 1012.33(1)(a) and Chapters 6B-1 and 65-4 of the Florida Administrative Code. DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, James F. Notter, Superintendent of Schools, recommends the dismissal of the Respondent, Matthew Diggs, from his employment with the School Board of Broward County, based upon the foregoing facts and legal authority. Petitioner further, recommends the immediate suspension of Respondent without further pay or benefits in the cvent the Respondent should challenge the school board’s recommendation of the termination of his crnplayment, EXECUTED this /7 day of February, 2009. A Min MES F, NOTTER Superintendent of Schools, Broward County Prepared by Charles ‘I. Whitelock, P.A.

Docket for Case No: 09-001226TTS