9417147536 I Aug 10 2010 13:10 01:11:48 p.m. 08-10-2010 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 10-0014 CAROL BRADEN, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Timothy McGonegal, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, Carol Braden (“Braden”), effective August 10, 2010, and as grounds therefor states as follows: FACTUAL ALLEGATIONS I. Braden has been employed with the School District of Manatee County since August 20, 1980. She is currently on administrative leave with pay from her Position as a Teacher at Palmetto Elementary School (*PES”). 2. Braden was Previously reprimanded in writing on or about December 12, 2001 for three different instances of use of excessive physical force with Students including “jerking a child by the arm’: “grabbing a child by the neck and chin and abruptly turning his head”; and “grabbing two students roughly by the arm." 3. Braden was Previously suspended for ten (10) days without Pay on or about August 29, 2005 for releasing a kindergarten student to an unauthorized adult rather than delivering the student to the aftercare provider on campus as required. 6/18 Aug 10 2010 13:10 01:12:17 p.m. 08-10-2010 9417147536 Use of Excessive Force Against a Student 4. On or about May 3, 2010, female elementary student T] made a teasing comment to Braden regarding Braden’s inability to distinguish between the colors white and blue. 5. On that same date, in response to T]’s comment and without TJ's consent or approval of School Board administration, Braden grabbed T]'s right arm and twisted it behind Ty's back, pushing her upper arm back. 6. T] thereafter told a fellow student that Braden did not have the right to twist her arm behind her back. In response, Braden stated, “I do have the right to do that; | have a certificate,” or words of similar import, apparently in reference to Braden’s then expired Aggressive Control Technique (“ACT”) certificate. 7. Bonnie Moore (“Moore”), TJ's homeroom teacher, observed Braden interact with Tj and overheard Braden State, “That’s why | have a certificate to do that,” or words of similar import. 8. T] complained of Braden’s use of excessive force to Moore, who then reported the incident to Ed Hundley, Principal, PES, Interfering with an Investigation 9. On about May 4, 2010, Braden was notified by letter from the Superintendent that she was, effective May 5, 2010, placed on paid administrative leave because she was the subject of an active investigation by the School Board’s Office of Professional Standards (COPS”). 10. In that same letter, Braden was directed to refrain from contacting any witnesses related to this matter. 7/18 9417147536 Aug 10 2010 13:11 01:12:47 p.m. 08-10-2010 fl. School Board policy 6.13 states that any person under investigation by OPS is prohibited from directly or indirectly contacting any witness associated with the investigation. 12. On June 3, 2010, Braden was read School Board Policy 6.13 by OPS Specialist Debra Horne during a face-to-face interview. 13. On or about June 6, 2010, Carol Braden’s husband paid an uninvited visit to the home of Bonnie Moore, a person who, as described above, is a witness associated with the investigation of this matter, !4. On or about that same date, Carol Braden’s husband spoke with Bonnie Moore’s husband regarding this matter, and stated that Carel Braden was unaware that he was there. 15. Ata fater time on our about that same date, Carol Braden’s husband telephoned the Moores’ residence and left a voicemail when the Moores did not answer. Mr. Braden's voicemail indicates that Carol Braden was made aware of his prior visit to the Moores’ residence and of his telephone call, both of which would constitute indirect contact with a witness to this matter. VIOLATIONS 16. Braden’s actions constitute just cause under section 6.11 of the Policies and Procedures of the School Board of Manatee County. 17, Braden has engaged in misconduct in office as defined in Rule 6B-4.009(3), FAC., Misconduct in office is defined as 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-1.1006, FA.C., which is So serious as to impair the individual's effectiveness in the school system. 8/18 9417147536 Aug 10 2010 13:11 01:13:18p.m. 08-10-2010 18. Braden’s actions violated Rule §B-1.006(3)(a), A.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, 19. Braden engaged in corporal punishment which had not been approved in principie by the principal before it was used, without any guidelines for the administering of such punishment, and not in the presence of another adult who was informed beforehand of the reason for the punishment, in violation of serious 1002.20(4)(c), 1003.01(7), and 1003.32(1)(k), Florida Statutes. 20. Braden’s actions constituted excessive force against a student in violation of Section 1003.32(1)(j), Florida Statutes. 21. Braden’s actions violated section 784.03(1)(a), Florida Statutes 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. 22. Braden's actions violated School Board Policy 6.13(3)(A) which states that any employee who is the subject of an investigation shall not directly or indirectly contact, intimidate, threaten, harass or retaliate against any witness or complaining person related to or associated with the investigation, or in any way interfere with an investigation. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Braden’s, employment, effective August 10, 2010. Ha hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, August 10, 2010, pending the outcome of the hearing 9/18 Aug 10 2010 13:12 01:13:51 p.m. 08-10-2010 9417147536 RIGHT TO A HEARING I Respondent is entitled 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 July 29, 2010, with a copy to Scott A. Martin, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd 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 js 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 10/18 9417147536 Aug 10 2010 13:12 01:14:22 p.m. 08-10-2010 11/18 own expense. Any party who wishes a written transcripe of the testimony from the certified court reporter shall bear the cost of such transcript. Vfl. DATED this /“ Gi day of July, 201 6, in Bradenton, Manatee County, Florida, Ey Hf aan . Martin, Staff Attorney | Board of Manatee County "QO. Box 9069 Bradenton, FL 34206 Telephone (941) 708-8770, x2260 Petitioner/Employer Aug 10 2010 13:12 01:14:40 p.m. 08-10-2010 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 10-0014 CAROL BRADEN, Respondent/Employee. / REQUEST FOR ADMINISTRATIVE HEARING Respondent, Carol Braden, 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 Carol Braden, 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 10-0014 12/18 Aug 10 2010 13:13 01:15:07 p.m. 08-10-2010 13/18 9417147536 6. Respondent requests an Administrative Hearing on the fo flowing disputed issues of material fact: There are no disputed issues of material fact. (Check if applicable) 0. 8% The ultimate facts alleged are sat forth in the Administrative Complaint referred to in paragraph #4 above. Date Signature Print Name bh Aug 10 2010 13:13 01:15:26 p.m. 08-10-2010 14/18 9417147536 ACKNOWLEDGMENT Ms. Carol Braden c/o Melissa C. Mihok, Esq. Kelly & McKee, P.A. 1718 E. 7 Avenue, Ste 304 Tampa, Florida 33605 RE: Administrative Complaint for Carol Braden, together with Related Documents (Case No. 10-0014) and Investigation File (OPS File No.: 10- 1834) I, MWA rn Mihole , being employed by Kelly & McKee, P.A., THE ATTORNEY OF RECORD FOR Carol Braden, do hereby acknowledge receipt of an Administrative Complaint for Carol Braden, together ww related documents and Investigation File (OPS File No. 10-1834) on this <__ day of LAL °° . ; “ } Signature of Receiver ABOVE ENVELOPE RECEIVED BY: Print Name: RECEIVED JUL 2 6 2010 Staff Attcrne

Docket for Case No: 10-007380TTS