9417147536 Jun 1 2010 13:02 01:03:47 p.m. 06-01-2010 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 10-0009 MARY P. LIPOSKY, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Timothy McGonegal, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, Mary P. Liposky (“Liposky”), effective May 25, 2010, and as grounds therefor states as follows: FACTUAL ALLEGATIONS Excessive Force against a Student I. Liposky has been employed with the School District of Manatee County since September 22, 2006. She is currently employed as a Teacher Aide at Daughtrey Elementary School (“DES”). 2. On or about Monday, February 2, 2010, during the 2i* Century after School Program in the DES cafeteria, Liposky grabbed elementary student TH. by one arm while he was seated. 3. Liposky’s claimed purpose in engaging in physical contact with T.H. was to “move him.” 4. At the time of Liposky’s physical contact with T.H., the student was not presenting a substantial safety risk to himself or other students, 5/23 9417147536 Jun 1 2010 13:02 01:04:13p.m. 06-01-2010 5. At the time of Liposky’s physical contact with T.H., the student was not so disruptive that physical intervention was reasonably required. 6. While physically engaging T.H., Liposky yelled at the student. 7. After physically engaging T.H., Liposky then pulled T.H. by one arm with enough force to lift him off his seat. 8. A student witness described this contact as Liposky pulling T.H. up “real hard.” 9. Teacher Aide Marie Mueller (“Mueller”) attempted to intervene in Liposky’s use of physical force against T.H., but was prevented from doing so by Liposky, 10. Liposky then pushed T.H. with both hands toward another table in the cafeteria. HL. After Liposky’s physical engagement with T.H. ended, Liposky loudly and aggressively told Mueller, “Don't you ever yell at me in the presence of children again.” 12. Liposky admitted intentionally making physical contact T.H, on the date in question. 13. Liposky admitted that she confronted Mueller after her physical engagement of T.H. because it was “not [Mueller’s] business.” 14. Liposky failed to make any attempt at non-physical corrective action with T.H. Prior to the use of physical force. 15. The physical force used by Liposky in regard to elementary student T.H. was not necessary to maintain a safe and orderly learning environment. 16. The physical force used by Liposky in regard to elementary student T.H. was unreasonable under the circumstances, and was, therefore, excessive. 6 /23 Jun 1 2010 13:02 01:04:40 p.m. 06-01-2010 Inappropriate Physical Contact with a Co-Worker 17, Ona date uncertain in December 2009, during the 2ist Century after Schoo! Program at DES, Liposky and Mueller engaged in an argument. 18. During the argument, Liposky accused Mueller of, among other things, being dishonest. 19, Mueller attempted to walk away from the argument to avoid further confrontation. 20. in response, Liposiy intentionally grabbed Mueller’s arm. 21. Liposky grabbed Mueller’s arm in order to prevent her from leaving the argument. 22. Mueller did not welcome or consent to Liposky’s physical contact. VIOLATIONS 23. Liposky’s actions constitute unreasonable and excessive force against a student in violation of Florida Statute 1003.32(1)(). 24. — Liposky has engaged in misconduct in office as defined in Rule 6B-4.009(3), FA.C., which provides that misconduct in office is a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B-1.001, F.A.C., and the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C., which is So serious as to impair the individual's effectiveness in the school system. 25. Liposky’s actions violated Rule 6B-1.006(3)(a), FA.C., which requires that the individual make 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. 7123 9417147536 Jun 1 2010 13:03 01:05:07 p.m. 06-01-2010 26. Liposky’s actions violated Rule 6B-1.006(3)(e), F.A.C., which requires that the individual, shall not intentionally expose a student to unnecessary embarrassment or disparagement. 27. Liposky's actions violated Florida Statute 784.03(I)(a) which states the offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. 28. Liposky’s actions constitute just cause under section 6.1] of the Policies and Procedures of the School Board of Manatee County WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Liposky’s, employment, effective May 25, 2010. Ifa hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, May 25, 2010, pending the outcome of the hearing RIGHT TO A HEARING I Respondent is entitied to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2009), regarding the Superintendent’s recommendation. 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter 120, Florida Statutes (2009), and the Uniform Rules adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a hearing is requested. A sample Request is attached for Respondent's reference and use. 3. Respondent must file the Request with Lyn Lego, Agency Clerk, at 215 Manatee Avenue West, 5th Floor, Bradenton, Florida 34205 no later than 4:30 p.m. on May 21, 2010, with a copy to Scott A. Martin, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd 8/23 9417147536 Jun 1 2010 13:03 01:05:39 p.m. 06-01-2010 Floor, Bradenton, Florida 34205, Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified representative at Respondent's expense. 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes (2009), is not available. 7, Pursuant to Rule 28-106.214, Florida Administrative Code, notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. If either party desires a certified court reporter to preserve the testimony, the party may do so at its own expense. Any party who wishes a written transcript of the testimony from the certified court reporter shall bear the cost of such transcript. DATED this 6& day of May, 2010, in Bradenton, Manatee County, Florida. A. eA Attorney | Board of Manatee County “Box 9069 Bradenton, FL 34206 Telephone (941) 708-8770, x2260 Petitioner/Employer 9/23 9417147536 Jun 1 2010 13:04 01:06:10 p.m. 06-01-2010 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA , Petitioner/Employer, vs. SBMC Case No. 10-0009 MARY P. LIPOSKY, Respondent/Employee. / REQUEST FOR ADMINISTRATIVE HEARING Respondent, Mary P. Liposky, requests an Administrative Hearing on the Administrative Complaint and states as follows: I. The name, address, telephone number and fax number (if any) of the Respondent is Mary P. Liposky, 2. The name, address, telephone number and fax number (if any) of the Respondent's qualified representative or attorney upon whom service of pleadings and other papers shall be made is 3. The Respondent's substantial interest is affected by the Superintendent's recommendation that the Respondent's employment be terminated, 4. On the following date, , the Respondent received notice of the Administrative Complaint to terminate her employment. 5. The case number assigned to the administrative complaint is 10-0009 10/23 Jun 1 2010 13:04 01:06:35 p.m. 06-01-2010 11/23 9417147536 6. Respondent requests an Administrative Hearing on the following disputed issues of material fact: 7. There are no disputed issues of material fact. (Check if applicable} 0. 8. The ultimate facts alleged are set forth in the Administrative Complaint referred to in paragraph #4 above. Date Signature Print Name

Docket for Case No: 10-002986TTS