THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA + ROBERT W, RUNCIZ, Superintendent of Schools, Petitioner, PETITION FOR FORMAL PROCEEDINGS vs TORRANCE SMITH, Respondent, , ARMINISTRATIVE COMPLAINT Petitioner, Robert W. Runole, Superintendent of Schools, of Broward County, Florida, through his undersigned counsel, Law Offices of Catmen Rodtiguez, P.A., files this Administrative Complaint, pursuant to Chapters 120, 1001, and 1012 of the Florida Statates, as well as Chapters 68-1 and 68-4 of the Florida Administrative Code, and Schoo! Board Policles and states the following? , 1 Durladictional Basle a The agency is the School Board of Broward County, Florida, looated at 600 Southonst Third Avenue, Fort Lauderdale, Broward County, Florida 33301. b. ‘The Petitioner is Robert W. Runole, who ia the Superintendent of Schools of Broward County, Blorlda, ; 6. ‘The Petitioner is statutotlly obligated to recommend the placement of school personnel and to require compliance and observance with all awa, utes, and regulations, Any violation thereof shall be reported with the appropiate disolplinaty aotlon against any school peraonnel falling to comply therewith, inotusive of the Respondent, Torrance Smith. d Tho Respondent, Torrance Smith, is an emptoysa of the Sooo! Board of Broward - County, Hiorlda and is cutvently employed as an clementary school teacher ut Latkdalo Blementary School, . Mi. Sppsific Chaxgex . ‘The Petitioner, Robart W, Runole, alleges as foltows: a, Respondent Smith, a second grade elementary school teacher, engaged in misconduct in the office by engaging in numerous aots of battery against several of his students, b, Speolfivally, Smith, ducag a reading lesson stuck T.D, in the arm with his open hand on February 17, 2011. 9H, another student in 'T.D,'s olass stated that she and T.D, were struck on the arm by Smith duilng a xeading lesson as a form of reprimand for talking. : 0, Btudenta DJ.W,, C1, and C.D, wore afl hit hard in tho chest, D.J.W. stated that it waa hard enough to hutt, CT, was alao kloked by Sinith, C.D. states that Smith hite students with a ruler, d. Students LP, MRL, RW, C.D, and CT, all asserted that students aro required to stand by thels desk with both arms raised as a form of putttehiment when they misbehave. This oan be for as long ag tet (10) minutes. ‘Thla is known as “superman or “oupergir).” © Student JD.C, states that does not want to go to school because of what is happening in Smith's olass, , ’ & Sinith admitted that ho mokes students stand with their ame raged in the alt ag a form of puntishmentdisolpline in his olasa, IM. Supt Cause Just cause exists for the requested sellef pursuant to §1012.33 Fla, Stat, the Respondent's 2 employment contract, School Board rules and regulations, the Code of Ethles of the Education Professton, and the Employee Disolplinary Guldolincs promulgated by the School Board, inoluding but not limited to the following: , a. Misconduct in office: The Respondent, through his above-desorlbed conduct, violated § 1012.33 Fla, Stat, and Rule 6B+4.009(3) of the Florida Adminietvative Code, and his actions constitute misconduct in office, which is conduct so serlous as to impale the individual's effectiveness in the schoot system, ) Additionally, the Respondent's above-described conduct further violates the Code of Bthies of the Hducation Profession, Rule 6B-f.001(2) and (3), 6B-1.006(3)(a) and (@), Florida Administrative Code, The Respondent's conduct, as retually set forth herein, is auttiotently notorious to bilng the Respondent and/or the education profoxsion into public disgrace or dlsrespeot and impair the Respondent's service in the community, b, Sehool Boatd Disolptinary Guideline 4.90)(B)(0), (m), sid (R), Respondent's conduct was severe enough under the conditions set fordh In Guideline 4.9(1N) including but not limited to the degree of student involvement, Impact on students, repetitions of the offenses, and tho necessary deterrent affect on this type of behavior in the future, WHEREFORE, based upon the foregoing, tho Petittoner, Robert W. Runole, Superintendont of Schools, recommends that the School Board, subsequesit to providing requisite notice, suspend the Respondent, Tortenve Sralth, from his employment as an elomentary school teachor for ton (10) days and refer him to a claysroom tnanagoment course based upon tho forogolng faots and legal authoxity, Dated: Maroh2?4 2012 . Respectfully submitted: Carmen Rodiiguez, Esquire Oudre Attomney Robert | W. Ruttole, Supe fondant of Schools

Docket for Case No: 12-001364TTS