Petitioner: ORANGE COUNTY SCHOOL BOARD
Respondent: KURT HARSHMAN
Judges: DANIEL MANRY
Agency: County School Boards
Locations: Orlando, Florida
Filed: Nov. 09, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 27, 2010.
Latest Update: Sep. 27, 2024
SCHOOL BOARD OF ORANGE COUNTY,
FLORIDA, BY AND THROUGH ITS
SUPERINTENDENT, RONALD BLOCKER,
(4 uiSY
Petitioner
vs. Kurt Harshman,
Respondent
ADMINISTRATIVE COMPLAINT
RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the
School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files
this Administrative Complaint against Kurt Harshman (hereinafter referred to as
“Respondent’).
Petitioner seeks the severance of Respondent's Professional Service Contract
with Petitioner pursuant to Section 1012.33, Florida Statutes.
The Petitioner alleges:
1.
The Petitioner, the School Board of Orange County, Florida, employed the
Respondent, at all times material to this Complaint, as a classroom
teacher.
The Respondent holds a Professional Service Contract of employment
with the School Board of Orange County, Florida.
The Respondent is in violation of Section 1012.795 (1)@), Florida Statutes,
in that respondent has violated Management Directive B-12 Code of
Civility, engaged in neglect of duty and has violated the Principles of
Professional Conduct for the Education Profession prescribed by the State
Board of Education rules.
That during the 2009-10 school year, Respondent engaged in conduct that
compromised his effectiveness as an educator by engaging in
unprofessional and intimidating behavior toward a colleague.
10.
11.
12.
13.
That on or about September 24, 2009, Respondent entered a colleague’s
classroom and began to verbally intimidate her. More specifically,
Respondent engaged in inappropriate behavior, despite a request by the
colleague to end the conversation. Respondent:
* angrily flipped two chairs unto a desk and
¢ stood at the doorway and silently stared at his colleague
after she asked him again to leave.
That Respondent's behavior was confirmed by a second colleague.
That Respondent has previously violated Orange County School Board
Policies and the Principles of Professional Conduct of the Education
Profession.
That Respondent received a written reprimand on December 14, 2005, for
failing to report an arrest as prescribed in Management Directive A-10;
That the following actions have been previously imposed on Respondent
for similar behaviors:
e January 10, 2006: Written Reprimand issued for
ripping a student’s chain from his neck
¢ January 17, 2007: Written Reprimand for calling a
student an animal.
* March 5, 2007: Three (3) day suspension for making
an inappropriate remark to a student and grabbing a
student by the arm.
That Respondent was placed on Relief of Duty on or about October 6,
2009.
That upon being placed on Relief of Duty, Administration found that
Respondent had failed to grade student school work including numerous
tests and assignments.
That upon reviewing the Progress Book program, Administration found
that Respondent had grades inputted for student assessments, tests etc.
That Respondent inputted grades into the Progress Book system for
assignment and tests, without actually grading the work.
14.
15.
16.
17.
18.
19.
20.
21.
That grades inputted by Respondent did not reflect the actual grades the
students earned. :
That Respondent issued Progress Reports which reflected
unsubstantiated and inaccurate grades.
That Respondent has not denied he inputted said grades on Progress
Book.
That Respondent was insubordinate when he failed to present himself at
a scheduled meeting on October 20, 2009 while on Relief of Duty with
Pay.
‘Such actions by the Respondent, Kurt Harshman, are in violation of the
legitimate expectations of professional conduct of a teacher so as to
impair the effectiveness of service to the school district by the
Respondent.
The allegations of misconduct set forth herein are in violation of The
Code of Ethics and the Principles of Professional Conduct of the
Education Profession in Florida.
Such actions are in violation of School Board Policies and constitute
misconduct in office, willful neglect of duty, conduct unbecoming a public
employee, and a breach of Respondent's employment agreement with
the School Board.
Said violations are sufficient grounds to sever the Professional Service
Contract. The Superintendent of Schools for the School Board of Orange
County, Florida, recommends that the Board sever its Professional
Service Contract relationship with the Respondent and terminate
immediately the employment of Respondent, Kurt Harshman and
authorize the General Counsel to assign counsel in this matter.
THEREFORE, the Superintendent of Schools for the School Board of Orange
County, Florida, recommends that the Board sever its professional service contract
relationship with the Respondent and terminate immediately the employment of
Respondent,
Dated this 2 } day of October, 2009.
Florida’Bar No. 238597
Attorney for Ronald Blocker,
Superintendent, The School Board
of Orange County, Florida
445 W. Amelia Street
Orlando, Florida 32801
(407)317-3411
Docket for Case No: 09-006154TTS
Issue Date |
Proceedings |
Aug. 27, 2010 |
Order Closing File. CASE CLOSED.
|
Aug. 27, 2010 |
Notice of Voluntary Dismissal with Prejudice filed.
|
Aug. 19, 2010 |
Notice of Taking Deposition of Rebecca Jeffers filed.
|
Aug. 19, 2010 |
Second Notice of Taking Deposition of Courtney Johnson filed.
|
Aug. 19, 2010 |
Notice of Taking Deposition of Beverly Adams filed.
|
Aug. 19, 2010 |
Notice of Taking Deposition of Cynthia Jimenez filed.
|
Aug. 12, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 30, 2010; 8:00 a.m.; Orlando and Tallahassee, FL).
|
Aug. 12, 2010 |
Joint Motion for Continuance filed.
|
May 24, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 16 and 17, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
|
May 20, 2010 |
Second Joint Motion for Continuance filed.
|
Apr. 08, 2010 |
Notice of Serving Interrogatories filed.
|
Mar. 18, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 27 and 28, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Mar. 17, 2010 |
CASE STATUS: Pre-Hearing Conference Held. |
Mar. 11, 2010 |
Notice of Transfer.
|
Mar. 11, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for March 25, 2010; 9:30 a.m.; Orlando and Tallahassee, FL; amended as to hearing time).
|
Mar. 05, 2010 |
Amended Notice of Taking Party Representative Deposition filed.
|
Mar. 04, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for March 25, 2010; 9:00 a.m.; Orlando and Tallahassee, FL; amended as to type and location).
|
Mar. 04, 2010 |
Petitioner's Notice of Supplement Production filed.
|
Mar. 01, 2010 |
Notice of Taking Party Representative Deposition filed.
|
Feb. 22, 2010 |
Notice of Taking Deposition of Sylvia Mendez filed.
|
Feb. 22, 2010 |
Notice of Taking Deposition of Courtney Johnson filed.
|
Feb. 22, 2010 |
Notice of Taking Deposition of Kerry Chatterton filed.
|
Feb. 02, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 25, 2010; 9:00 a.m.; Orlando, FL).
|
Jan. 29, 2010 |
Joint Motion for Continuance filed.
|
Jan. 28, 2010 |
Petitioner's Notice of Intent to use Summary filed.
|
Jan. 25, 2010 |
Petitioner's Response to Respondent's First Request to Produce filed.
|
Jan. 25, 2010 |
Notice of Service of Petitioner's Answers to Respondent's Interrogatories filed.
|
Jan. 13, 2010 |
Notice of Appearance (filed by J. Palmerini ).
|
Dec. 21, 2009 |
Respondent's First Request for Production of Documents filed.
|
Dec. 21, 2009 |
Respondent's First Set of Interrogatories filed.
|
Dec. 15, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 19, 2010; 9:00 a.m.; Orlando, FL).
|
Dec. 09, 2009 |
Respondent's Unopposed Motion for Continuance filed.
|
Dec. 02, 2009 |
Order of Pre-hearing Instructions.
|
Dec. 02, 2009 |
Notice of Hearing (hearing set for January 7, 2010; 9:00 a.m.; Orlando, FL).
|
Nov. 12, 2009 |
Joint Response to Initial Order filed.
|
Nov. 10, 2009 |
Initial Order.
|
Nov. 09, 2009 |
Administrative Complaint filed.
|
Nov. 09, 2009 |
Request for Administrative Hearing filed.
|
Nov. 09, 2009 |
Agency referral filed.
|