THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA JAMES F. NOTTER, Superintendent of Schools, Petitioner, CASE NO.: 45/46 (2010-201 1) vs, RICHARD 8S. ALLEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, JAMES F, NOTTER, Superintendent of Schools of Broward County, Florida, by and through his undersigned counsel, the Law Offices of Panza, Maurer & Maynard, P.A., files this administrative complaint pursuant to Chapter 120, 1001 and 1012 of the Florida Statutes as well as Chapter 6B-1 and 6B-4 of the Florida Administrative Code and states the following: I. JURISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2, The Petitioner is James F. Notter, who is the Superintendant of Schools of Broward County, Florida. His address is located at 600 Southeast Third Street, Fort Lauderdale, Florida 33301. 3, The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance in observance with all of the laws, rules and regulations. Any violation thereof shall be reported with the appropriate disciplinary action against any School 1 Board personnel failing to comply therewith, inclusive of the Respondent Richard S. Allen. 4. The Respondent, Richard S. Allen is an employee of the Broward County School Board and is currently employed as an instructor/teacher at Piper High School. 5. The last known address of the Respondent, Richard S. Allen, is 5324 N.E. 6" Avenue, Apt. Fort Lauderdale, Broward County, Florida 33334. Il. ADMINISTRATIVE CHARGES The Petitioner, James F. Notter, alleges as follows: 6. During the 2010-2011 school year, Respondent, Richard S. Allen, disclosed confidential student information to parties, either not entitled to receive the information, and/or to whom disclosure of the information was unnecessary and which did not further a legitimate education purpose. Itt. JUST CAUSE Just cause exists for the relief requested pursuant to § 1012.33 (1)(a) and § 1012.33 (4), the Respondent's contract, School Board Rules and Regulations, the Code of Ethics of the education profession, and the employee disciplinary guidelines promulgated by the School Board including but not limited to the following: (A) Misconduct in Office. The Respondent through his above-described. conduct has violated § 1012.33 (1)(a) and § 1012.33 (4)(c) Fla. Stat. and Rule 6B-41009 (3) of the Florida Administrative Code, and his actions constitute misconduct in office through violations of various provisions of the Code of Ethics of the Educational Professional, Rule 6B-1.001, 6B1.006 Florida Administrative Code; ) ~ Duties of Instructional Personnel: The Respondent through the above-described conduct has violated § 1012.33 (4)(c) Fla. Stat. and Rule 6B-4.009(2) of the Florida Administrative Code and his actions constitute immorality, that is conduct inconsistent with the standards of public conscience and good morals, Additionally the Respondent's above-described conduct further violates the Code of Ethics of the Educational Professional, Rule 6B-1.001, 6B1.006, Florida Administrative Code. The Respondent's conduct as factually set forth herein is sufficiently notorious to bring the Respondent and/or the educational profession into public disgrace or disrespect and impair the Respondent's service in the community. (C) — Willful Neglect of Duty: Respondent, Richard S. Allen, intentionally disclosed confidential student information, which information he knew to be protected. (D) _ In addition to the foregoing, Respondent’s actions as described above violate the disclosure of confidential student information under both State and Federal laws. Additionally, Respondent’s actions violate School Board Policy 5306, regarding “School and District Technology Usage” , as well as the Code of Ethics for Computer Network and On Line Telecommunication Users. WHEREFORE, based upon the foregoing, the Petitioner, James F, Natter, Superintendent of Schools, recommends that the School Board, terminate the Respondent, Richard S. Allen, from his employment as an instructional employee based upon the foregoing facts and legal authority. DATED this 6th day of June, 2011. FACLIENTAL [90\t 1-18830\Pleadings\ Administrative Complaint (6-6-11_.Docx Respectfully submitted, PANZA, MAURER & MAYNARD, P.A. Attorneys for Petitioner BROWARD COUNTY SCHOOL BOARD Bank of America Building — Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Telephone: (954) 390-0100 Facsimile: (954) 390-7991 BY: MARK A. EMANUELE, ESQ. Florida Bar No. 541834

Docket for Case No: 11-005809TTS