BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 12-0007 Emilee R. Vermilion, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Dr. Timothy McGonegal, as Superintendent of Schools, hereby recommends the termination of the employment of Respondent, EMILEE R. VERMILION (hereinafter referred to as “Respondent” or “Vermilion,” interchangeably), effective June 26, 2012, and as grounds therefor states as follows: FACTUAL ALLEGATIONS I. Vermilion has been employed with the School District of Manatee County since August 7, 200!. She is currently on administrative leave with pay from her Position as a Teacher at Southeast High School (“SEHS”). 2. A review of Vermilion’s personnel file noted the following disciplinary history, (a) Memorandum of Conference, dated Monday, December 7, 2009, addressing inappropriate communications with students and staff; (b) Written Reprimand, dated Monday, February 22, 2010; for leaving students unsupervised; (c) Written Reprimand, dated Friday, May 7, 2010, for exhibiting unprofessional behavior in the presence of students; (d) Memorandum of Conference, dated Thursday, February 10, 2011, addressing issues regarding attendance and punctuality; and (e) Written Reprimand dated, Monday, April 18, 2011, for excessive absences and issues with punctuality. 3. During the 2010-2011 school year, Vermilion missed twenty (20) days of work which were documented as “sick” and one (1) day of work which was documented as a personal day with pay. 4. During the 2011-2012 school year, Vermilion missed twenty and one-half (20.5) days of work which were documented as sick days, and four (4) days of work which were documented as personal days with pay. This time period included August 16, 2012 through April 23, 2012. 5. Vermilion admitted that “some reasons [for the absences] are not medical but personal due to the hostile work environment that Catherine Smith (“Smith”) has created,” thereby abusing sick leave on those days when she did not report to work indicating the reason for her absence as “illness.” 6. Vermilion further acknowledged that an educator’s absence from the classroom affects the educational process as evidenced by her statement that although the students receive a “scripted curriculum” and, therefore, “get the same lessons” from the substitute teacher, the students do not receive “the same quality” of instruction from a substitute teacher as they do when she is instructing. 7. Yet, during the 2010-2011 school year, Vermilion was absent from work for eleven percent of the school year and has been absent from work to date for sixteen percent (16%) of the 2011-2012 school year. 8. Furthermore, on Tuesday, March 27, 2012, Vermilion was issued a directive to report to Smith’s office within 24 hours to be informed that she would be placed on the Documentation Process and the reasons for this action. 9. On Wednesday, March 28, and Thursday, March 29, 2012, Vermilion and Smith exchanged emails in regard to the directive issued by Smith to Vermilion to report to Smith’s office within 24 hours. 10. On Tuesday, April 3, 2012, Smith sent another email to Vermilion stating she had still not heard from her in regard to the above-mentioned meeting and that Vermilion needed to contact Smith as a “priority.” It. Smith completed a Notice of Return to Documentation for Vermilion; however, Vermilion never complied with Smith’s directive to report to her office to receive the document. 12, On Thursday, April 12, 2012, Vermilion attended a meeting with Smith and Rosa Daughtry, Assistant Principal at SEHS, at which time she was informed that Smith would be reviewing a Formal Improvement Notice, which is part of the district’s new evaluation process, with Vermilion. Vermilion refused to thoroughly read or sign the document. A portion of this document directed Vermilion to sign in and sign out daily with the Senior Secretary at SEHS to document Vermilion’s arrival and departure time on a daily basis. 13. On Monday, April 16, through Tuesday, April 24, 2012, Vermilion either texted or emailed Caroll Routh (“Routh”), Senior Secretary at SEHS, to let her know she arrived on campus. Vermilion made no contact with Routh in regard to the times she departed campus. Vermilion was absent on Friday, April 20, and Monday, April 23, 2012. 14. On Monday, April 16, and Tuesday, April 17, 2012, Routh sent Vermilion emails reminding her of the directive issued by Smith to sign in and out in the office on a daily basis. 15. Vermilion admitted that she did not comply with Smith's directive to sign in and out on a daily basis, indicating that she did not comply with Smith’s directives because, “I would have to get to SEHS early. | also have medical issues. The stress Smith has put me under, has made the office area an extreme stressor for me. Every time | walked in there | was berated by Smith. | was doing it, but not the exact way Smith wanted me to.” 16. Vermilion further indicated that “I [she] was probably not going to Caroll’s [Senior Secretary] office [to sign in and out] just to stick up for myself because | feel | am being targeted.” 17, Vermilion has also exhibited inappropriate behavior in the presence of students, as she did on Thursday, April 19, 2012, at approximately 10:30 a.m. when Vermilion telephoned Routh, Senior School Secretary, SEHS, from her classroom and stated that she “could no longer do her job under these conditions.” Vermilion told Routh that “she was shaking and crying” and that her “blood pressure was up.” Vermilion then informed Routh that she had to leave campus to see her attorney and to go to Human Resources. Routh made arrangements to provide coverage for Vermilion’s classes and Vermilion left campus, but not before informing Routh that she would not be reporting to work on the following day. Vermilion secured a substitute teacher for both Friday, April 20 and Monday, April 23, 2012. 18. When asked, Vermilion explained that when she stated that she “could not work under these conditions” she meant that, “She [Smith] can harass me daily, but now that she is affecting my children... | would rather not be with them every day and let them get what they need, than be with them and not do for them what they need because Ms. Smith won't let me do my job.” 19. Vermilion’s actions on Thursday, April 19, 2012, and her responses during her interview with the Office of Professional Standards (“OPS”) on Wednesday, May 9, 2012, call into question Vermilion’s competency as an educator. Vermilion exhibits an inability or a lack of fitness to discharge the required duty as a result of incapacity. In this case, incapacity would be the lack of Vermilion’s emotional stability to remain at school and instruct her students due to the fact that she feels her administration is not supporting the needs of her students. 20. Vermilion has a history of displaying such emotional outbursts at work as evidenced by the written reprimand issued to Vermilion on May 7, 2010. The reprimand addressed her actions of May 5, 2010, wherein she “lost control of her emotions” during class and exhibited unprofessional behavior. This behavior had been previously addressed with Vermilion prior to this event by Matt Gruhl (“Gruh!”), Principal of Buffalo Creek Middle School. According to the written reprimand, at the beginning of the 2009-2010 school year Vermilion yelled at Gruhl and cried in the cafeteria which was full of students at the time of the incident. 21. Vermilion’s actions constitute just cause under section 6.1! of the Policies and Procedures of the School Board of Manatee County. VIOLATIONS 22, Per Policy 6.11, Policies and Procedures Manual, School Board of Manatee County, an employee may be temporarily suspended with or without Pay or permanently terminated from employment for just cause, including but not limited to, immorality, misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude, violation of the Policies and Procedures Manual of the School Board of Manatee County, violation of any applicable Florida statute, violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 23. Vermilion engaged in misconduct in office as defined in rule 6B-4.009(3), Florida Administrative Code (“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 6B-1.001, F.A.C., and the Principles of Professional Conduct for the Education Profession in Florida as adopted in rule 6B-1.006, Florida Administrative Code, which is so serious as to impair the individual's effectiveness in the school system. 24. — Vermilion’s actions violated SB policy 6.2(2)(B)(2) in that her excessive absences, even though excused, have had an adverse impact on the operation of her work site and of the school. 25. — Vermilion’s actions further violated SB Policy 6.2(1)(a) which states that sick or illness leave or request for use of personal leave charged to sick leave requires prior notification to the supervisor, except for emergencies, and also requires the filing of a written claim form within five days of return to work. Each employee shall complete a claim form that will be available at the work site. Each employee shall be required to state day or days absent, that such absence was necessary and that the employee is entitled or not entitled to receive pay for the absence. The claim form shall be submitted to the employee’s principal or site supervisor. Any employee failing to comply with this procedure or who claims such leave for reasons other than illness shall be subject to disciplinary action. 26. Vermilion has engaged in gross insubordination as defined in rule 6B-4.009(4), F.A.C., which provides that gross insubordination or willful neglect of duties is a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority in that she did not comply with Smith’s directive to sign in and out of school on a daily basis. 27. — Vermilion is incompetent by virtue of incapacity as defined in rule 6B- 4.009(1}(b), F.A.C., as she no longer qualified to perform the essential functions of her position in that she exhibits an inability or a lack of fitness to discharge the required duty. In this case, incapacity would be defined as Vermilion’s lack of emotional stability to remain at school and instruct her students. 28. Based on the Factual Allegations herein contained, Petitioner has just cause to terminate Respondent’s employment. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Emilee R. Vermilion’s, employment, effective June 26, 2012. If a hearing is requested, the Superintendent recommends that the hearing be granted and the Respondent be suspended without pay effective June 26, 2012, pending the outcome of the hearing. RIGHT TO A HEARING I. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 1[20.57, Florida Statutes (2011), regarding the Superintendent's recommendation. 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter |20, Florida Statutes (2011), and the Uniform Rules adopted by the Administration Commission, chapter 28-106, F.A.C., if a hearing is requested. A sample Request is attached for Respondent’s reference and use. 3. Respondent must submit a written request for a formal hearing within 15 days of the date of service of this Administrative Complaint. Your written request for a hearing must be received by the Agency Clerk, Lyn Lego, at 215 Manatee Ave. W., Bradenton Florida 34205 no later than 4:30 p.m. on the [5 day, exclusive of the date of service. A copy of your written request, must also be sent to Erin G. Jackson, Esq., at Thompson, Sizemore, Gonzalez & Hearing, P.A.. One Tampa City Center, 201 N. Franklin Street, Suite 1600, Tampa, Florida 33602. Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified representative at Respondent’s expense. 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes (2011), is not available. 7, Pursuant to Rule 28-106.214, F.A.C., notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. /f either party desires a certified court reporter to preserve the testimony, the party may do so at its own expense. Any party who wishes a written transcript of the testimony from the certified court reporter shall bear the cost of such transcript. If a court reporter records the proceedings, the recordation shall become the official transcript. DATED this 8th day of June, 2012, in Bradenton, Manatee County, Florida. ool Board of Manatee County, Florida BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 12-0007 Emilee R. Vermilion, Respondent/Employee. / REQUEST FOR ADMINISTRATIVE HEARING Respondent, EMILEE R. VERMILION, 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 Emilee R. Vermilion, Email Address: 2. The name, address, telephone number, fax number (if any) and email address of the Respondent's qualified representative or attorney upon whom service of pleadings and other papers shall be made is Email Address: 3. The Respondent's substantial interest is affected by the Superintendent's recommendation that the Respondent be terminated. 4. Respondent received notice of the Administrative Complaint to terminate her employment on , 2012. 5. The case number assigned to the administrative complaint is 12-0007. 6. Respondent requests an Administrative Hearing on the following disputed issues of material fact: 7. There are no disputed issues of material fact. (Check if applicable) [_}. 8. The ultimate facts alleged are set forth in the Administrative Complaint referred to in paragraph #4 above. Date Signature Print Name AFFIDAVIT OF SERVICE A EdVantage TO: Ms. Emilee R. Vermilion 4022 Banbury Circle Parrish, Florida 34219 FROM: Tim McGonegal, Ed.D. Superintendent RE: Administrative Complaint for Emilee R. Vermilion, together with Related Documents (Case No. 12-0007) and Investigation File (OPS File No.: 12-1997-OP) \, _Debr AA. Home , being employed by the Schoot Board of Manatee County, being duly sworn, depose and say that on the Be day of Line , 2012, at___ B 2 OC) Clam [pm (check one), | individually served Emilee Vermilion with an envelope containing an Administrative Complaint for Emilee Vermilion, together with related documents as well a copy of Ms. Vermilion’s Investigative File in connection with the subject case number and file number, respectively, with date and hour endorsed thereon by me. ature of Affiant Subscribed and Sworn to before me by Debra A. Harne __ on the Oth day of , 2012, who is WpSrsonally known to me, _] has produced as identification. Print Name: 2 by lee E Cbrvplices

Docket for Case No: 12-002484TTS