THE STATE OF FLORIDA
THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA
MARKT. PORTER,
Superintendent of Schools ,
Petiti oner,
V.
CHRISTELLE ORR,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint, pursuant to Chapters 120, 100 I and 1012, Florida Statutes, Rules 6B-1.001, 6B-1.006, and 6B-4.009, Florida Administrative Code, the Policies of the School District of Monroe County, Florida, and Article XX of the collective bargaining agreement ("CBA") entered into between The School Board of Monroe County , Florida and the United Teachers of Monroe ("UTM"), and states as follows:
JURISDICTIONAL BASIS
The agency is The School Board of Monroe County, Florida, located at 241 Trumbo Road, Key West, Florida 33040.
The Petitioner, MARK T. PORTER, is the Superintendent of Schools of Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040.
The Petitioner is statutorily obligated to recommend the placement of all school personnel and to require all employees to observe and comply with all laws, rules and regulations. Petitioner is required by law to report and recommend appropriate action against
Filed February 8, 2013 12:31 PM Division of Administrative Hearings
any school emplo yee who fails to comply therewith, in clusive of the Respondent, CHRISTELLE ORR ("hereinafter "Respondent").
The Respondent, CHRISTELLE ORR, is an employee of the Monroe Count y School District, and is currently employed as an instructional staff member at Key West High School in Key West, Florida in the Monroe County School District.
The last known address of the Respondent, CHRISTELLE ORR, 1s 3910 South Roosevelt Blvd., Apt. # 105W, Key West, Florida 33040.
ADMINISTRATIVE CHARGES
Petitioner, MARKT. PORTER, re-alleges the above and states as follows:
At all times pertinent hereto, the Respondent was employed as an instructional staff member at Key West High School in Key West, Florida in the Monroe County School District.
On or about October 16, 2012, Respondent willfully violated an administrative no contact order by telephoning instructional staff member, Jason Clifford, in his classroom. Shortly thereafter, Respondent entered Mr. Clifford's classroom again initiating contact against the directive to not speak to Mr. Clifford while on school grounds.
Additionally, Respondent engaged in conduct and/or comments to other staff using profane language and, in the presence of students, upon leaving Mr. Clifford's classroom on October 16, 2012.
Respondent's reported need to check on a student in Mr. Clifford's classroom was not a health or safety situation and other means of locating the student were available.
Sufficient just cause exists for Respondent to be disciplined pursuant to School Board Policy 3140 for insubordination for engaging in conduct and/or comments to other
staff involving profanity and for the viola tio n of a directive to not speak to Mr. Cli fford while on school grounds.
School Board Poli cy 3140 provid es:
3140 SUSPENSION INSTRUCTIONAL STAFF
OR DISMISSAL OF
It is the desire of the School Board to maintain a staff of well trained, competent instructional employees in order to offer comprehensive services to the students of this District.
No employee may be suspended from duty except by the Superintendent or the Board. The Board hereby delegates to the Superintendent authority to suspend a member of the staff, with or without pay, for a period extending to the second meeting of the Board after the suspension becomes effective. The Board shall be notified of all such suspensions.
Any instructional personnel with an annual contract may be suspended or dismissed at any time during the term of the contract for just cause as defined below. The Board must notify the employee whenever charges are made and may suspend such person without pay. As defined by State law, "just cause" includes, but is not limited to:
Immorality;
Misconduct in office;
Incompetency;
Gross insubordination;
Willful neglect of duty; &
Being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication.
In the case of a suspension without pay by the Superintendent or the Board, an affected employee shall be entitled to a hearing on the charges as to why the employee was suspended without pay. Said hearing shall be upon reasonable notice by the Superintendent.
If the employee wishes to contest the charges, s/he must, within fifteen (15) days after receipt of the written notice, submit a written request for a hearing to the Board. A direct hearin g must be condu cted by the Board or a subcommittee thereof within sixty (60) days after receipt of the written appeal. The hearin g
shall be conducted in accordance with F.S. 120.569 and 120.57 of the Administrative Procedures Act. A majority vote of the membership of the Board is required to sustain the Superintendent's recommendation. The Board's determination is final as to the sufficiency or insufficiency of the grounds for suspension without pay or dismissal. Any such decision adverse to the employee may be appealed by the employee pursuant to
F.S. 120.68 relating to judicial review. If the charges are not sustained, the employee must be immediately reinstated with back pay.
No member of the staff may be dismissed except by action of the Board.
Any suspension or dismissal shall be as prescribed by law.
Non-renewal of employees during their probationary period or upon expiration of an annual contract shall not be considered dismissal and shall not be subject to this policy.
Any provision in the collective bargaining agreement to the contrary shall supersede this policy.
Pursuant to Policy 3 J 6 1, the Superintendent may require a physical, psychological, and/or psychiatric examination by a physician licensed in the State of Florida when in the Superintendent's judgment such an examination is job related and consistent with business necessity, or when it is necessary to determine whether the employee poses a direct threat to the safety of the employee or others.
An instructional employee may be suspended or terminated at any time during the term of his/her contract for cause pursuant to provisions of Florida statutes.
The Superintendent shall determine the nature and effective date of the suspension or termination.
Furthermore, Policy - Mandatory Reporting of Misconduct by Certificated Employees sets forth the procedures
, as required by state law, for mandatory reporting of alleged misconduct by instructional staff members to the Florida Department of Education.
Employees in bargaining units shall refer to collective bargaining agreements.
This action is also taken in accordance with Article XX of the CBA entered into between The School Board of Monroe County, Florida and the UTM (July 1, 2010 - June 30, 2013). See attached excerpt of the CBA containing Article XX - Exhibit "A.".
Respondent violated School Board Policy 3140 and is subject to suspension without pay for two (2) days as set forth in Article XX of the CBA.
Pursuant to Article XX of the CBA and School Board Policies and Rules, on December 2, 2012 , Petitioner sent written notice to Respondent advising that Petitioner recommended suspension without pay for two (2) days, and further advised Respondent of her right to request an administrative hearing. See attached Exhibit "B."
On December 12, 2012, Respondent and her counsel, Holly Hummell- Gorman, requested in writing a hearing to appeal the decision to suspend Respondent. See attached Exhibit "C."
On January 8, 2013, the Petitioner recommended and the School Board approved referral to administrative hearing.
DEMAND FOR RELIEF
Petitioner, MARKT. PORTER, Superintendent of Schools of Monroe County, Florida recommends that the Monroe County School Board, after providing the requisite notice, suspend the Respondent, CHRISTELLE ORR, from her employment as an employee predicated upon the foregoing facts and legal authority for a period of two (2) days witho ut pay.
EXECUTED this _1_ day of fPb:u.a.Oj ,2013
STA TE OF FLORIDA )
) SS:
COUNTY OF MONROE )
1 day of Feb UctG4201
BEFORE ME, the Wldersigned authority, personally appeared, MARKT. PORTER, to be known to be the person described in the foregoing instrument; and he acknowledged that he executed the foregoing instrument for the purpose therein contained.
WI'INESS my hand and seal this
My Commission Expires: 9 /, /1,<
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true d corTect copy of the foregoing has been furnished via U.S. Mail this day of [el::fUkVI 2013 to Holly Hummell-Gorman, United Teachers of Monroe, 1400 United Street,Sule 105, Key West, Florida 33040and Cheryl Allen, Director of Human Resources, Monroe County School Board, 24 I Trumbo Road, Key West, Florida 33040.
By DirkM.Smits ..237:;fSA-r
Florida Bar No.: 911518 School Board Attorney
6
Section 2: Chemical and Communicable Diseases
In the event teachers are exposed to toxic chemicals as part of their ordinary duties, they will be given prescribed examinations and treatment at the time of such exposure and thereafter determined by the examining physician. Employees will be examined or treated on the Board's time or on approved leave time if necessary and the Board will bear the expense up to the limits provided for Worker's Compensation. In these instances, employees may apply for illness in-the-line-of-duty leave which, when approved, is not deducted from the employee's sick leave.
In the event teachers are exposed to communicable diseases as part of their ordinary duties, they may receive prescribed examinations and tests at the Monroe County Health Department Unit. Tests and examinations to certify that the teacher no longer has a communicable disease may also be secured through the Monroe County Health Department. If necessary, these tests may be done on the Board's time or approved leave time. In these instances, employees may apply for illness-in-the-line-of-duty leave which, when approved, is not deducted from the employee's sick leave.
In all instances referred to in this section, refusal by an employee to submit to such examinations and tests shall be grounds for appropriate disciplinary action, including dismissal.
The results of any and all examinations and/ or tests made under the provisions of this section shall remain confidential.
Section 3: Accident Reports
In the event an employee is involved with an accident or injury, an accident report will be completed and distributed to the Superintendent. ·
Section 4: Local or Out-of-Town Trips
When buses are used for local or out-of-town athletic or field trips, they shall be driven by qualified, licensed school bus drivers. At no time shall a coach or other teacher be required to drive a school bus. Provided, however, that any school employee who qualifies and receives his/her school bus driver's license may volunteer to drive the bus.
If, in an emergency situation, it becomes necessary for a coach or assistant coach or teacher to drive the bus, he/ she will be compensated at the hourly rate for transportation personnel paid by the Board.
Article XX - Complaints, Discipline and Due Process
COMPLAINTS
When an allegation of wrongdoing or a complaint against an employee is to be investigated the employee shall be notified in writing of the nature of the complaint, the name of the person making the allegation, and shall have the opportunity to seek representation prior to
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anv investigatory meeting. The employee shall have an opportunity to respond to the allegations or complaint during the in vestigation .
In a meeting for the record from which the employee believes that discipline may follow, the employee may request representation. When a request for representation has been made, the meeting shall take place within 48 hours or two business days.
The emplovee shall have the opportunity to provide rebuttal testimony, documentation, and witnesses prior to completion of the investigation. Upon conclusion of the investigation, the employee and his/her representative shall be given a copy of the written investigatory report.
The employee and/ or thecomplainant shall be entitled to consultation with the Director of Human Resources and/ or the person conducting the investigation regarding evidence and procedures. At the close of the investigation the HR director shall make a recommendation to the Superintendant for cause or no cause. This recommendation shall be included in the copy provided in A (3).
No disciplinary action which includes loss of pay or benefits shall be levied against an employee until such time the Superintendent or his/her designee renders a decision.
DISCIPLINE OF AN EMPLOYEE
Should it become necessary to discipline an employee, it is the District's intent to do so consistent with the concept of progressive discipline. This process includes as many as five (5) steps.
Employees covered by this agreement may be disciplined for just cause in the following ways:
Verbal warning/conversation regarding behavior (site record) 2. Written directive (district record)
3. Written reprimand (personnel file) 4. Suspension - with or without pay 5. Demotion or termination
The concept of progressive discipline does not keep the omission of one or more of the steps if immediate and/ or stronger action is necessary.
REPRIMAND - PRIVACY
All disciplinary actions shall be done in private.
INVESTIGATIONS
Investigations conducted by the district shall normally be concluded within twenty (20) workdays . The district shall notify the employee and UTM of any investigation in progress. The district shall also notify the employee and UTM in writing of any investiga tion extended beyond the twenty (20) davs.
In the event that an investigation is concluded with the finding that there is no probable cause to proceed further and no disciplin ary action taken, a statement to that effect sign ed by the responsible investigating official shall be attached to the complaint. The materia ls of such inves tiga tion shall not be placed in the employee' s personnel file.
If an in v estiga tion results in a finding of probable cause for disciplinary action for suspension or dismissal, the employee shall be notified of the charges in writing and have the right to a hearing as outlined in the Grievance Procedure.
In all Board investigations, the employee shall be provided with a copy of the final report upon conclusion of the investigation.
LETTER OF WARNING - HAND DELIVER
A copy of a written directive or written reprimand will be hand delivered to the employee by the management representative responsible for the written directive or reprimand. The employee's signature indicates receipt only, not agreement. If any employee who is to receive a written directive or written reprimand is absent from work or cannot be located, a copy will be mailed to his/her last known address by certified mail, return receipt requested.
ANONYMOUS INFORMATION OR COMPLAINTS
No investigation, verbal warning, written directive, reprimand, suspension (with or without pay), demotion, or termination shall be issued based on anonymous information or complaints.
ARTICLE XXI: LEAVES
Section 1: Sick Leave/Medical
Any member of the instructional staff employed on a fifty-one percent (51%) or more contract who is unable to perform his duty in the school on account of personal sickness, accident disability, or extended personal illness, or because of illness or death of father, mother, brother, sister, husband, wife, child, or other close relative, or member of his own household and consequently has to be absent from his work, shall be granted leave of absence for sickness.
The Superintendent may require a certificate of illness from a licensed physician or from the County Health Officer to substantiate a claim for sick leave or that the employee is able to work and perform his/her duties.
An employee shall be eligible to utilize sick leave for the purpose of medical and/ or dental examinations . Such leave shall be deducted from accrued sick leave in half or full day units, provided, however, that no employee shall be compelled to utilize more sick leave than is required by the employee. Principals or supervising administrators may, at their discre tion, release unit
employees for up to two (2) hours without sick leave being charged against the emp lo yee for the purpose of medical and dental examinations if it does not interfere with teaching duties.
MONROE COUNTY SCHOOL DISTRICT HUMAN RESOURCES DEPARTMENT
DATE: TO: FROM: SUBJECT:
November 29, 2012
Mr. Mark Porter, Superintendent "-/ Cheryl D. Allen, Director of Human Resources if
Investigation Results - Christclle On
On Friday, November 16, 2012, a meeting was held with Ms. Orr and Ms. Hummell-Gorman to afford the opportunity to clarify and/or rebut any information coatained in the investigative report and to offer any additional information she deemed relevant and appropriate.
Ms. Orr indicated she bad received the report presented to me by Ms. Bosco. Ms. Orr stated she called Mr. Clifford to kalea student for FCAT testing. and not beina sure he understood who she was looking for, then enteJed his classroom to see if the student was tbcR. She stated her only interest was for the student to not miss a testina opportunity. She also spoke of several other incidents and was asked to put the infonnation in writina and submit to me after we ietumed 1rom the Thanksgiving break. She complied with this request and a copy of her submission is part of the official file.
Upon review of the document submitted by Ms. Orr I make the following determinations:
Harassment and hostile wotk environment claim; May 2012 - this issue was investigated as well as the claim against her for same made by Mr. Clifford. Both parties were found to be in violation and disciplined.
Assertion that Ms. Bosco indicated they no longer needed to file or defend any action:
I spoke with Ms. Bosco. She stated that she had told both that a violation of the no contact order would be considered insubordination. She never directed either of them to not report violations/file formal complaints. You must file a formal complaint to initiate an investigation.
Allegation of unprofessional conduct during phone conversation with Mr. Clifford:
The student statanenta fiom Mr. Clifford's class support Mr. Clifford's report that you called his class and that he told you more than once the student wasn't there and that you then appeared in his class and be told you again she wasn't there. They state you are the one that made a cmnmeot about your accent and that be couJdn't understand you. They also confirm his statement that you called him aderogatory name (ass or asshole) when leavina-
1 did ask Ms. Hamel if she remembered a phone call or conversation with you in mid-October reprcting the student in question and a schedule change. She apologized and stated that she didn't remember anything; that was too far back. Yom alleption is unfounded and substantiates bis compbunt..
Violation No. 1: Mr. Clifford in common pod area
Ms. Bosco smted a formal complaint was not filed. You did not file a formal complaint which would have led to an investigation. Incident is not documented.
Violation No. 2: Restraining Order
MCSD has no authority over any legal actions initiated by Mr. Clifford or decision made by the county, state or federal courts as a result. It was explained by both the cowt that this restraining order could DOI be enforced at the worksite. It was noted however, that both parties should not contact each other and avoid proximity if possible. Conversation occurred with both parties
about total avoidance would not be possible such as in common areas and during staff
meetings/events.
Incident of Ms. Orr leaving office area when Mr. Clifford was outside: A complaint was filed and investigated. The charges were not founded.
Violation No. 3: Culinary Arts issue:
This was reponed to Ms. Bosco many days after the fact but no formal complaint was filed. Ms. Bosco did ask Mr. Clifford to refrain from entering this area on Tuesdays during lunch.
Violation No. 4: 2nd Culinary Arts issue:
You did not file a formal complaint which would have led to an investigation. Incident is not documented.
Insubordination Charge:
I disagree with your position. You, knowingly and with intent, initiated personal one-on-one contact when you called Mr. Clifford's desk and entered his classroom. As well. you stated in your meetina that .it was. your job and that you would continue to do this if you needed a student that was in his class.
In conclusion, after reviewing .an documents, speak with Ms. Bosco and Mr. Michaud and meeting with Ms. Orr, l feel that Ms. Orr is in willful violation of the adminiittrative no contact order given to her by both myself and Ms. Bosco. Ms. Orr calling Mr. Clifford in bis classroom and then
entered his classroom shortly thereafter initiating contact against the directive. She is also guilty of using profanity towards Mr. Cliffotd and in front of students upon leaving bis classroom. This was not a health or safety situatipn and other means of locating the student were available. These violations are considered gross insubprdination and ethical misconduct. I feel that disciplinary action is warranted as
allowed under School Board Policy 3140. My recommendation is for a two day suspension without pay.
There is an indication that she spoke of Mr. Clifford to students on a wakeboard trip; however. this is only supported by one student's statement out of the four students JeSCDt. Evidence cannot substantiate the allegation to the standard of discipline being warranted.
tfm
United Teachers
of Monroe
Serving Teacherl & School Related Personnel of Monroe County
1400 United Street
#105
Key West.FL 33040
305.294.7483
FAX: 305 .294.3876
Holly Hunwnell Gorman, President
Kim Lowen,
Vice President
Brandy Fausett.
Secretary
Katie Balaza,
Treasurer
Lourdes Dick, Area VP
Patty Tlelkemler,
Area VP
Wendi Sullivan, Area VP
Paul Erdman,
SRP 1•VP
Affiliated with
ti V
FEA, AFT, AFL-CIO
To: Mr. Marie Porter
From: Holly Hwnmell-Gorman Date: December 12, 2012
Re: Ms. Christelle Orr
Dear Superintendent Porter,
Please be advised that this office represents Ms. Christelle Orr in conjunction with the recommendation for a two day suspension without pay.
This letter is to request a hearing before the Division of Administrative Hearings in accordance with Sections 120.569, 120.57 (1) and 1012.33 Florida Statutes (2009) for the purpose of permitting Ms. Christelle Orr to challenge the recommendation, which has been made in your correspondence on December XX, 2012.
This letter is also to request that copies of further correspondence or pleading relating to Ms. Christelle Orr be furnished to this office, which includes but shall not be limited to any and all correspondence, emails, or communications of any nature.
In advance, thank you for your cooperation in this matter.
Sincerely,
Holly Hummell-Gorman
