BEFORE THE SCHOOL BOARD OF MANA TEE COUNTY, FLORIDA

SCHOOL BOARD OF MANATEE COlit,:TY, FLORIDA,

Petitioner/Employer,

VS. SBMC Case No. 11-0014

TREVA MATTSCHECK,

Respondent/Employee.

ADMINISTRATIVE COMPLAINT

Timothy McGonegal, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the tennination of employment of Respondent, Treva Mattscheck ("Mattschcck"), effective August 23, 2011, and as grounds therefor states as follows:

FACTUAL ALLEGATIONS

1. Mattscheck has been employed with the School District of Manatee County since April 16, 2007. He is currently on administrative leave with pay from his position as a custodian at Freedom Elementary School.

2. Mattscheck initially was employed as a custodian at Stewart Elementary School and was transferred to Palma Sola Elementary after he was displaced from Stewart Elementary School due to a reduction in their custodial staff. However, Mattscheck walked off the job the first day at Palma Sola Elementary School because the staff was "mean" to him.

3. Mattscheck was then temporarily placed with Gene Rains, Custodian Coordinator, and then was assigned to Johnson Middle School where he had difficulty with the staff and was moved to Freedom Elementary School.

   
   

   
   

4. Mattschcck's annual evaluations indicated that he "needs improvement" in the areas of attitude and listening.

5. On January 12, 2009, Mattscheck entered into a written stipulation agreeing to be suspended for five (5) days without pay due to Mattscheck's arrest for assault on a law enforcement officer and obstructing or opposing an officer without violence and for failing to report such arrest to the Ofiice of Professional Standards ("OPS") as required by School Board Policy 6.13(4)(c).

6. On Tuesday, June 7, 2011, Mattscheck made a threat to do physical hann to Principal James Mennes ("Mennes") of Freedom Elementary School. Mattscheck and three (3) co-workers were engaged in conversation in the custodial lounge when, as reported by all three

   (3) co-workers, Mattscheck made the statement, "If I see Mennes off campus, I will kick his

   
   

   a**."

   
   

7. Mattscheck's intensity and demeanor caused enough concern in .Mattscheck's co- workers who were present that the comment was reported to administration, and an OPS investigation was opened.

8. Mattscheck's actions constitute just cause under section 6.11 of the Policies and Procedures of the School Board of Manatee County.

   
   

   VIOLATIONS

   
   

9. Mattscheck engaged in misconduct in office as defined in Rule 6B-4 009(3), F A.C., which provides that misconduct in office is a violation of the Code of Ethics of the Education Profession as adopted in Rule 68-1.00 I. F.A.C, and the Principles of Professional

   
   

   2

   
   

   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.

10. Mattscheck violated Ruic 6B-l.006(5)(d), F.A.C., which requires that the individual shall not engage in harassment or discriminatory conduct which unreasonably interferes with an individual's performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and further, shall make reasonable effort to assure that each individual is protected from such harassment or discrimination.

11. . Mattscheck violated School Board Policy 5.15 which states it is the policy of the

    
    

    School District of Manatee County that all of its students, district employees, and any other persons have an educational setting that is safe, secure, and free from harassment and bullying of any kind. Conduct that constitutes bullying and harassment is prohibited.

12. Based on the Facts herein on the Facts herein alleged, Petitioner has just cause to terminate Respondent's employment.

    WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Treva Mattscheck's, employment, effective August 23. 2011. If a hearing is requested, the Superintendent recommends that the hearing be granted and the Respondent be suspended without pay effective August 23, 2011, pending the outcome of the hearing.

    
    

    3

    
    

    RIGHT TO A HEARING

    
    

    1. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2010), regarding the Superintendent's recommendation.

1. 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.

   ,

2. Respondent must submit a written request for a formal hearing within 21 days of the date of service. Your written request for a hearing must be received by the agency clerk, Lyn Lego, at 215 W. Manatee Ave. W., Bradenton Florida 34205 no later than 4:30 p.m. on the 21 st

   day. A copy of your written request, must also be sent to the Office of the 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.

3. Respondent is entitled to representation by counsel or other qualified representative at Respondent's expense.

4. Failure to request a hearing will be deemed an admission of the allegations against Respondent.

5. Mediation under section 120.573, Florida Statutes (2009). is not available.

   
   

6. Pursuant to Rule 28-!06.214, Florida Administrative Code, notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. ff either party desires a ccrti ficd court reporter to preserve the testimony, the party may do so at its own

4

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 day of July, 2011, in Bradenton, Manatee County, Florida.

r. T1 Gonegal, Superintendent School District of Manatee County, Florida

5

BEFORE THE SCHOOL BOARD OF MANATEE COUNTY. FLORIDA

SCHOOL BOARD OF \if ANATEE COUNTY. FLORIDA.

Petitioner/Employer.

VS. SB K Case No. 11-0014

TREVA MATTSCHECK,

Respondent/Employee.

                                                                         I

REQUEST FOR ADMINISTRATIVE HEARING

Respondent, Treva Mattscheck, requests an Administrative Hearing on the Administrative Complaint and states as follows:

I. The name, address, telephone number, fax number (if any) and email address of the Respondent is Treva Mattscheck.                                                                                                 _

Email Address:                                           _                                        The name, address, telephone number, fax number (if any) and email address of

the Respondent's qualified representative or attorney upon ,vhom service of pleadings and other

papers shall be made is                                                                                                                                    

Email Address:                                                                                                                                      _

1. The Respondent's substantial interest is affei.·ted by the · Superintendent's recommendation that the Respondent be terminated.

2. Respondent received notice of the Administrative Complaint to terminate his employment on July_, 2011.

   
   

3. The case number assigned to the administrative complaint is 11-0014.

   
   

4. Respondent requests an Administrative Hearing on the following disputed issues of material fact:                                                                                                                                    

   
   

   
   

5. There are no disputed issues of material fact. (Check if applicable)□.

6. The ultimate facts alleged are set forth in the Administrative Complaint referred to in paragraph #4 above.

Date Signature

Print Name

2

AFFIDAVIT OF NONSERVICE

TO: Mr. Treva Mattscheck 6508 - 32nd Avenue West Bradenton, FL 34209

FROM:

RE:

Tim McGonegal, Ed.D. Superintendent of Schools

School Board of Manatee Count}', Florida

Administrative Complaint for Treva Mattscheck, together with Related Documents (Case No. 11-0014)

C Joseph Eubanks, being employed by the School Board of Manatee County, being duly S\VOrn. depose and say that on the 20th day of July, 2011, at S.' l ,.n:,.m., and on the 2s1 t day of July 2011 at 7.'.ro a.m., I attempted to serve on Treva Mattscheck an envelope containing an

Administrative Complaint for Treva Mattscheck together with related documents in connection with the su ject case number. I was unable to perfect service on Treva Mattscheck.

  fAfliant

Subscribed and Sworn to before me by Joseph Eubanks on the,<_/ day of July,

2011, who is [glpersonally known to me: or D has produced

                                                               as identification.

                          LI( A fi( A

ABOVE ENVELOPE RETURJ'-iED AND

DEBRA A. VAHGEN

MY COMMISSION # OD 726274

AEl(fllRES: November 19, 2011

Thru Nolat\l ?ul1lo_,,,,_

RECEIVED BY:

")2b A./1/'

Print Name: Debra Vangen

U.S. Postal Service

CERTIFIED MAIL RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

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Postage $

Certitiod t'ee _-2_. gs--

0ru ( Return Ae ':!£1 Fee ,.".>._, J O_

Endorsement , = uiced,)

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Restricted Delivery Fee

(Endorsement Required) ,_                            _

Total Postage & Feos $

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Docket for Case No: 11-004068