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THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

JAMES F. NOTTER, as Superintendent of Schools,

Petitioner,

v.

KERRY CLARK,

Respondent.

ADMINISTRATIVE COMPLAINT

Petitioner, James F. Notter, Superintendent of Schools ("Petitioner"), files this Administrative Complaint against, KERRY CLARK ("CLARK"). The Petitioner seeks the tennination of Respondent's employment with the School Board of Broward County, pursuant to Sections l00l.51, 1012.27(5) and 1012.33, Florida Statutes. The Petitioner alleges the following:

JURlSDICTIONAL BASIS

1. The agency is the School Board of Broward County, Florida, which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301.

2. Petitioner is the Superintendent of Schools for Broward County, Florida.

   
   

3. Petitioner is statutorily obligated to recomll).end the placement of school personnel and to require compliance and .observance with all laws, rules and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County School Board.

   
   

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4. Respondent, was employed, at all times material herein, by the Broward County School Board as a teacher pursuant to a Professional Services Contract and holds a Florida Educational Certificate Number: 765664.

5. CLARK was a teacher at Miramar High School during the 2009/2010 school year.

   MATERIAL ALLEGATIONS

   
   

6. That during the 2009/2010 school year, Respondent engaged in inappropriate comments and communications, including text messages with two (2) female students. The text messages included sexually-explicit comments stating he (Clark) wanted to get with her (female student) to "eat her out." Clark also stated she (female student) could give him things his wife could not.

7. Respondent, when confronted, stated that the twenty (20) or so text messages were mistakenly sent to the female students. Respondent refused to identify the purported intended recipient, or prQduce his phone, cell phone, address or phone history.

8. Respondent provided an untruthful account of his interactions with these female students when questioned by school district authorities,

   ADMJNISTRATIVE CHARGES

   
   

9. Just cause exists for the requested relief, pursuant to Fla, Stat.§§ 1012.33(l)(a).

   
   

   Respondent's employment contract and School Board rules and regulations, including but not limited to the following:

   
   

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   COUNT 1: IMMORALITY

   
   

10. Respondent has violated Fla. Stat.§ 1012.33, and Rule 68-4.009(2) of the Florida Administrative Code. Respondent's acts constitute acts of immorality, that is, conduct inconsistent with the standards of public conscience and good morals. Respondent's conduct is sufficiently notorious to bring Respondent and/or the educational profession into public disgrace or disrespect, and impair Respondent's service in the community.

COUNT 2: GROSS INSUBORDINATION/WILLFUL NEGLECT OF DUTIES

I I. Respondent's actions in refusing to obey a direct order, reasonable in nature

and given by and with proper authority is violative of Rule 68-4.009(4) of the Florida Administrative Code.

COUNT 3: MORAL TURPITUDE

1. Respondent has violated Fla. Stat. § 1012.33 and Rule 6B-4.009(6) of the

   
   

   Florida Administrative Code. Respondent's acts constitute acts of moral turpitude, that is, acts of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a person owes to his feliow human or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude.

   
   

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   COUNT 4: MISCONDUCT IN OFFICE

   
   

2. Respondent has violated Fla. Stat. 1012.33 and Rule 6B-4.009(3) of the Florida Administrative Code. Respondent's acts are defined as a violation of the Code of Ethics of the Educational Profession as adopted in Rule 68-1.001 F.A.C. and of Principles of Professional Conduct for the Educational Provisions in Florida, as adopted by Rule 6B-I.006, F.A.C., which are so serious so as to impair the individual's effectiveness in the school system, which includes the following;

   1. Obligation to the student requires that the individual:

      
      

      1. shalt make a reasonable effort to protect the student from conditions hannful to leaming and/or to the student's mental and/or physical health and/or safety.

         
         

      2. shall not intentionally expose a. student to. unnecessary embarrassment or disparagement.

         
         

      3. shall not intentionally violllie or deny a student's legal rights.

         
         

      4. shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from arassment or discrimination.

         
         

      5. shall not exploit a relationship with a student for personal gain or advantage.

         
         

   2. Obligation to the public requires that the individual:

      
      

      1. shall take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated.

         
         

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      2. shall not use institutional privileges for personal gain or advantage.

         
         

   3. Obligation to the profession of education requires that the individual:

      
      

      1. shall maintain honesty in all professional dealings.

   
   

3. This Administrative Complaint is brought pursuant to the authority outlined in Fla. Stat. §§ 120.57; 1001.42; 1012.22; 1006.07; 1006.28; 1006.21; 1001.50; 1001.49; 1001.51; 1012.27; 1006.08; 1012.33(1)(a) and Chapters 6B-1 and 6B-4 of the Florida Administrative Code.

DEMAND FOR. &JtLIEF

WHEREFORE, based upon the foregoing, l'etitioner, James F. Notter, Superintendent of Schools, recommends the dismissal of the Respondent, Kerry Clark, from his employment with the School Board of Broward County, based upon the foregoing facts and legal authority. Petitioner further, recommends the immediate suspension of Respondent without further pay or benefits in the event the Respondent should chal!enge the School Board's termination of his employment.

Superintendent of Schools, Broward County

EXECUTED this '/' day of February, 201 I.

Prepared by Charles T. Whitelock, P.A.

Docket for Case No: 11-001162TTS