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ORANGE COUNTY SCHOOL BOARD vs KURT HARSHMAN, 09-006154TTS (2009)

Court: Division of Administrative Hearings, Florida Number: 09-006154TTS Visitors: 3
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.
Source:  Florida - Division of Administrative Hearings

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