BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ROBERT W. RUNCIE, Superintendent, Petitioner, vs. BERNARD BRENNAN, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, through its Superintendent, ROBERT W. RUNCIE, and files this Administrative Complaint and states the following: 1. 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 Robert W. Runcie, who is the Superintendent of Schools of Broward County, Florida. His address is 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 3. The Petitioner is statutorily obligated to recommend the placement of School Board personnel, and require compliance and observance by all personnel with all laws, tules and regulations. See §1012.27, Fla. Stat. 4. The employee against whom discipline is recommended, Respondent, BERNARD BRENNAN, has been employed by the School Board since 1999 and is currently employed as a physical education teacher at Lyons Creek Middle School. 5. The legal basis for BERNARD BRENNAN’s discipline is immorality, misconduct in office and insubordination. See Fla. Admin, Code r. 6A-10,080, 6A-10.081; 6A-5.056; Fla. Stat. §1012.33, Fla. Stat. 1. ADMINISTRATIVE CHARGES The Petitioner, Robert W. Runcie, alleges as follows: 6. This recommendation is based upon allegations surrounding an incident in the locker room at Lyons Creek Middle School in February 2013. 7. On or about February 6, 2013, another physical education teacher, Mr. Wantroba, . placed a pair of women’s underwear, made out of purple lace, inside of the locker of one of his students during P.E. class. . 8. When the student opened his locker, found the underwear, and threw it on the floor, he was openly ridiculed by Mr. Wantroba and a number of the students in the class. 9, In their various statements the student at issue and another student also identified MR. BRENNAN as having been involved in the incident with the underwear, as well as the ridicule of the student. . 10. | MR. BRENNAN also engaged in other inappropriate conduct related to the same student, asking for his mother’s telephone number on a daily basis, offering him candy or tickets to a baseball game in exchange for that phone number, asking about the mother’s relationship with her boyfriend, and stealing the student’s backpack, clothes, and shoes, and hiding them when the student was changing in the locker room. 11. | When the issue came to the attention of the Principal, Ted Toomer, he held a pre-disciplinary meeting with both physical education teachers, MR. BRENNAN and Mr. Wantroba. 12. Mr. Toomer decided that discipline was appropriate as to both teachers because of 2 this misconduct. 13. With regard to MR. BRENNAN, Principal Toomer was aware of othcr recent problems with his behavior, particularly behavior the lack of supervision in the locker room during physical education classes. 14, In fact, in March of 2008, MR. BRENNAN was informally counseled by Assistant Principal Patano at Deerfield Beach Middle Schoo! regarding his failure to adequately supervise students. 15. Similarly in March of 2008, another pre-disciplinary meeting was held and a letter of reprimand was issued to MR. BRENNAN by Principal Alessi at Deerfield Beach Middle School, because of a pattern of “non-awareness” when it came to safety in the locker room. 16. Even more recently, in January of 2013, shortly before the incident in question in this case, Principal Toomer issued a verbal reprimand to MR. BRENNAN following his breach of locker room supervision and safety procedures. [MR. BRENNAN has grieved the verbal reprimand, and the grievance has not yet been resolved.] 17. Given his prior discipline, and continued misconduct, particularly involving student safety and conduct in the locker room, notwithstanding the fact that MR. BRENNAN had been advised on many occasions that such behavior would not be tolerated, Principal Toomer recommends that MR, BRENNAN be suspended from his employment as a teacher, without pay, for three days, pursuant to School Board Policy 4.9. 18, Having reviewed the materials supporting the charges against MR, BRENNAN, his employment history, prior discipline and other related materials, the Petitioner/Superintendent hereby agrees with the recommendation of Principal Toomer that MR. BRENNAN be suspended, without pay, for three days. 19. This recommendation for a suspension shall be submitted to the Schoo! Board for approval, per §1012.33(6)(b), Fla. Stat., and, if approved, MR. BRENNAN shall have the right to seek an administrative review pursuant to §120.68, Fla. Stat. EXECUTED this day of March, 2013. ROBERT W. RUNCIE Superintendent of Schools c: Eugene K. Pettis, Esq. Debra P. Klauber, Esq. Haliczer Pettis & Schwamm Cadre Attomeys

Docket for Case No: 13-002088TTS