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ORANGE COUNTY SCHOOL BOARD vs LISA-MARIE HALL, 11-004753TTS (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004753TTS Visitors: 2
Petitioner: ORANGE COUNTY SCHOOL BOARD
Respondent: LISA-MARIE HALL
Judges: WILLIAM F. QUATTLEBAUM
Agency: County School Boards
Locations: Orlando, Florida
Filed: Sep. 19, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 4, 2012.

Latest Update: Jan. 05, 2025
DIVISION OF 4 PMINISTRATIVE HEARINGS FILED DATE, SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, Petitioner vs. Lisa-Marie Hall, Respondent ADMINISTRATIVE COMPLAINT RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the School Board of Orange County, Florida, (hereinafter referred to as "Petitioner"), files this Administrative Complaint against Lisa-Marie Hall (hereinafter referred to as “Respondent"’). Petitioner seeks the severance of Respondent's professional service contract with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: 1. The Respondent, at all times material to this Complaint, was employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. 2. The Respondent holds a professional service contract of employment with the School Board of Orange County, Florida. 3. On June 1, 2011, at 7:30 AM, a school employee witnessed the Respondent exhibiting unusual behaviors. The witness stated the Respondent's face appeared to be very red, and her eyes appeared to be bloodshot and squinted. The witness also stated the Respondent began conversing in a completely random and nonsensical manner. The witness Stated they felt that something was wrong, and reported the behavior to the Principal. On June 1, 2011, Ms. Patty Harrelson, Principal, spoke to the Respondent and immediately detected the strong smell of alcohol. Ms. Harrelson immediately notified Employee Relations and prepared to follow the “Reasonable Suspicion Instructions for Work Location Managers.” On June 1, 2011, Ms. Harrelson, along with the Assistant Principal, Mr. William Harris, who have both completed the two hour drug and alcohol training class and who are qualified to assess an OCPS Employee for teasonable suspicion of intoxication, followed the observation checklist guidelines as outlined. It was concluded that there was probable cause to send the Respondent to be screened for possible use of alcohol and/or drugs, which is in violation of the OCPS Drug-Free Workplace policy. On June 1, 2014;the Respondent, upon being informed that she would be sent for the reasonable suspicion screening for drug/alcohol test, stated she refused to be tested. The Respondent was then asked at least two additional times, and was reminded multiple times that according to the OCPS Drug-Free Workplace policy, refusal to submit to testing will result in a recommendation to terminate her employment. The Respondent acknowledged that she understood, and repeated she was refusing to submit to the testing. On June 1, 2011, Raspondent was placed on relief of duty with pay. On June 10, 2041, Respondent participated in a pre-determination meeting where she acknowledged refusing to submit to testing for the presence of alcohol or drugs as provided by the Board. She stated that she was not sure as to exact time she stopped consuming alcohol, but believed it to be on Memorial Day, May 29, 2011, at least thirty six (36) hours prior. During the pre-determination meeting, the Respondent admitted that the District's Drug-Free Workplace policy is clear. Ms. Harrelson also reminded the Respondent that she had personally repeatedly communicated to Respondent on June 1, 2011, that refusal to submit to testing for the presence of alcohol or drugs was likely to result in a Cy roast recommendation to terminate her employment. Respondent violated the Drug-Free Workplace policy and the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 10. Such actions by the Respondent, Lisa-Marie Hall, are in violation of Schoo! Board Policies and the Code of Ethics, and constitute misconduct in office, immorality, conduct unbecoming a public employee, gross insubordination, and a breach of Respondent's employment agreement with the School Board, 11. Said violations are sufficient grounds to sever the professional service contract with Respondent. The Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional service contract relationship with the Respondent and terminate immediately the employment of Respondent, Lisa-Marie Hall, and authorize John C. Palmerini to assign counsel in this matter. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional service contract relationship with the Respondent and terminate the employment, in the absence of a request for an administrative hearing, of Respondent Lisa-Marie Hall, and authorize John C. Palmerini to act as counsel in this matter. ao Dated this 2{ day of July, 2011. — 2 John C. Paimerini, Esquire Florida Bar No.571709 Attorney for Ronald Blocker, Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407)317-3414

Docket for Case No: 11-004753TTS
Issue Date Proceedings
Jan. 04, 2012 Order Closing File. CASE CLOSED.
Jan. 04, 2012 Petitioner's Notice of Voluntary Dismissal filed.
Nov. 08, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 9, 2012; 9:00 a.m.; Orlando and Tallahassee, FL).
Nov. 07, 2011 CASE STATUS: Motion Hearing Held.
Nov. 01, 2011 Joint Motion for to Continue Final Hearing filed.
Oct. 28, 2011 Notice of Taking Deposition of William Harris filed.
Oct. 28, 2011 Notice of Taking Deposition of Patty Harrelson filed.
Oct. 03, 2011 Order of Pre-hearing Instructions.
Oct. 03, 2011 Notice of Hearing by Video Teleconference (hearing set for November 17, 2011; 9:30 a.m.; Orlando and Tallahassee, FL).
Sep. 29, 2011 Respondent's First Request for Production of Documents filed.
Sep. 26, 2011 Joint Response to Initial Order filed.
Sep. 20, 2011 Initial Order.
Sep. 19, 2011 Administrative Complaint filed.
Sep. 19, 2011 Request for Administrative Hearing filed.
Sep. 19, 2011 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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