& THE SCHOOL BOARD OF BROWARD COUNTY, ingga~é OP /} AK Io, 0: 9 £ JAMES F. NOTTER, Superintendent of Schools, Petitioner, PETITION FOR FORMAL PROCEEDINGS v. PETER COLMAN, 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 Colman (hereinafter “Colman”). d. Respondent Colman is an employee of the Broward County School Board and is currently employed as a teacher at Pines Middle School. e. The last known address of the Respondent, Peter Colman, is 10180 W. Bay Harbor Drive, Miami, Florida 33154. 2. Specific Charges The Petitioner James F. Notter, alleges as follows: a. Respondent Colman, a middle school teacher, failed to disclose information on his application regarding ongoing investigations into his conduct while at another school that had implications involving his teaching certificate. b. Specifically, Colman falsely answered questions on the Security Check form he filled out in conjunction with his application for employment on July 23, 2005. The Security Check form he filled out asked the following: i. Have you ever had sanctions placed on your teaching certificate for any reason? ii. Is disciplinary action currently pending anywhere against your teaching certificate? Colman responded “no” to both of these questions. c. The Florida Department of Education sent a letter to Colman dated February 19, 2002 advising him that a complaint had been made against him alleging inappropriate conduct with students. The letter further informs Colman that if the allegations are founded, they “could lead to disciplinary action taken against your Florida Educator’s Certificate.” d. Three (3) additional letters were sent from the Florida Department of Education to Colman dated August 18, 2003, September 18, 2003, and July 26, 2004 again advising Colman of the complaint filed against him and further informing him that if the allegations are founded disciplinary action by the Education Practices Commission could result pursuant to Florida Statutes §1012.796. Additionally each of the letters notified Colman of a date that was set for an informal conference with the consultant assigned to his case. e. A memorandum to Colman from Paul J. Greenfield, District Director, dated March 29, 2005 summarized a conference for the record that was held with Colman regarding the allegations against him for the Miami-Dade County Public Schools. In this memo, Colman is further informed that all of the information will be sent to the Professional Practices Services of the Florida Department of Education, “for review and possible licensure action by the Education Practices Commission.” f. Colman had sufficient knowledge to know that there were pending actions against him that had implications on his license by the Florida Department of Education as there were numerous letters informing him that investigations were pending prior to his filling out the application and security check form for employment with the Broward County School Board. 3. Just Cause Just cause exists for the requested relief pursuant to § 1012.33 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. Failure to Disclose: The Respondent through his above described conduct, violated School Board Rule 6Gx12-4A-21. The Respondents above described conduct further violates multiple provisions of the Code of Ethics of the Education Profession, Rule 6B-1.001, 6B-1.006, Florida Administrative Code. 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 Colman, from his employment as an employee based upon the foregoing facts and legal authority. Dated: January g , 2010 ames F. Notter, Superintendent of Schools Respectfully submitted: Carmen Rodriguez, Esquire Cadre Attorney

Docket for Case No: 10-000653TTS