BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, . ; S 4 2 4 JAMES F. NOTTER, Superintendent, Petitioner, | O- 0) lp A 3 i a vs. PAUL KUSHCH Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, through its Superintendent, JAMES F. NOTTER, and files this Administrative Complaint and states the following: I. JURISDICTIONAL BASIS 1, The Agency is The School Board of Broward County, Florida located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2. The name of the Petitioner is James F. Notter, who is the Superintendent of Schools of Broward County, Florida. His address is 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 3. The Petitioner is statutorily obligated to recommend the placement of School Board personnel, and require compliance and observance by all personnel with all laws, rules and regulations. See ' 1012.27, Fla. Stat. 4. The employee against whom termination is recommended, Respondent, Paul Kushch, has been employed by The School Board of Broward County, Florida, since 1999, and is currently employed as a teacher at Coconut Creek High School. The last known address of the Respondent, is 1019 NE 7” Street, Hallandale, FL 33009. 5. The legal basis for Mr. Kushch’s termination is for incompetence (inefficiency), immorality, misconduct in office that has been deemed so serious as to impair his effectiveness within the school system, and gross insubordination. See ' 1012.33(1)(a), (4)(c), (6)(b), Fla. Stat. See also Fla. Admin. Code r. 6B-1.001, 6B-1.006, 6B-4.009. II. ADMINISTRATIVE CHARGES The Petitioner, James F. Notter, alleges as follows: 6. This recommendation for termination from employment is based on behavioral issues and misconduct. 7. In May of 2009, the Principal of Coconut Creek High School, David Jones, filed a personnel investigation request with the Office of Professional Standards and Special Investigative Unit regarding Mr. Kushch’s conduct in the classroom and around school with colleagues. 8. Mr. Kushch was referred to the Employee Assistance Program (EAP) for issues involving his development of an adversarial relationship with co-workers which in part has created a hostile environment. 9. Mr. Kushch has a history of confrontations with staff members. These confrontations have involved his exclusion in the Spring 2009 from the Year Book Talent Show, as well as his failure to follow testing protocol and curriculum in his department. There were also episodes of loud and unprofessional behavior by Mr. Kushch with school administration. 10. He also has negative performance issues. 11. On or about May 8, 2009, there was an incident according to several Statements taken from students in which Mr. Kushch used in appropriate and profane language with his students. Specifically, Mr. Kushch made statements including, but not limited to: a. “Get your asses inside.” b. “Your asses are mine.” c. “This is bullshit.” It should be noted that Mr. Kushch admits that he did use profane language with his students on or about May 8, 2009 as described above. 12. In addition, during the investigation of the May 8, 2009 incident, it became apparent from Statements of various students that such use of profane and inappropriate language by Mr. Kushch was not an isolated incident. Students indicated in their Statements that Mr. Kushch used inappropriate language including, but not limited to: a. Asking a student if she wanted him to “slap the Jesus out of her,” a statement that brought the student to tears. 3 Calling students, “mother fuckers,” “bitches,” “punks” and “gits [gangsters in training],” and “haters.” Using profane language, such as, “fuck you,” “asshole,” “ass, shit, bullshit, nigger and fuck,” and “gangbangers.” Referring to “sucking on titties” and “rape” on various occasions. Discussing how a situation should be handled if the students were faced with a “machine gun.” Making inappropriate and derogatory comments about other staff members and the school. Asking the students to lie or misrepresent what had happened in the classroom and/or statements he had made, and offering them grades or extra credit in exchange. Sending inappropriate text messages to students. Engaging in physical altercations with students. Engaging in detailed discussions about his personal life, including his wife and children, divorce and bankruptcy. 13. Mr. Kushch also had a history of behavioral issues including, but not limited to: racial remarks in the classroom, confrontations with other employees, and inappropriate e- mail correspondence. These behaviors included, but are not limited to: a. According to a written Statement by a student, after Mr. Kushch left the school, several students sent texts to him and he replied, “You are no longer slaves, I no longer own you.” On a number of occasions, he shared details regarding his divorce proceedings and his custody dispute for his daughter. According to one student’s Statement, he literally read court documents to his class. c. He discussed with his students his animosity towards his colleagues indicating on one occasion, “All these fucking teachers are trying to get me fired and it’s not going to happen and they want me to teach they way they want me to and won’t let me teach the way I want to.” d. On another occasion, he made comments to his class regarding the Talent Show that, “This is bullshit, this is bullshit, the Principal is scared of change.” 14. School administration held meetings with Mr. Kushch, to address his conduct, on various occasions including, but not limited to, on April 20, 2009, May 11, 2009, and October 30, 2009. 15. _ Aninvestigation of the above-referenced matters was reviewed by Professional Standards Committee which found probable cause that Mr. Kushch had created a hostile environment in the workplace as well as inappropriate conduct in his interactions with his students. 16. A pre-disciplinary conference was held on November 24, 2009, at which time Mr. Kushch appeared and had an opportunity to address the allegations against him. 17. Based on the foregoing, the Petitioner hereby recommends that Mr. Kushch be terminated from his employment with The School Board of Broward County, Florida. 18. Mr. Kushch’s recent conduct warrants his immediate suspension and termination from employment with The School Board of Broward County, Florida, pursuant to the Florida Statutes and Administrative Code regulations set forth above. 19. As stated above, the legal basis for Mr. Kushch’s termination is incompetence 5 (inefficiency), immorality, misconduct in office and gross insubordination. 20. In accordance with Florida law and the applicable Collective Bargaining Agreement, this recommendation for termination must be reviewed, and approved by The School Board of Broward County, Florida. See ' 1012.33(6)(b), Fla. Stat. 21. Likewise, The School Board of Broward County, Florida has authority to suspend Mr. Kushch with, or without, pay. Id. 22. If the ultimate decision is adverse to him, Mr. Kushch may challenge the decision by seeking an administrative hearing pursuant to Chapter 120 of the Florida Statutes. EXECUTED this _J_ day of January, 2010. Superintendent of Schools

Docket for Case No: 10-000652TTS