BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ROBERT_W. RUNCIE, Superintendent, Petitioner, vs. MAYRA HERNANDEZ, 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: 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 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 shall require personnel to comply with and observe all laws, rules and regulations. See ‘1012.27, Fla. Stat. 4. The employee against whom discipline is recommended, Respondent Mayra Hernandez, is currently employed as an Assistant Principal at Banyan Elementary School. The matters at issue in this administrative complaint arise out of events that occurred during the 2012-2013 school year when she was an Assistant Principal at Manatee Bay Elementary School. 5. The legal basis for Ms. Hernandez’s suspension is misconduct in office. See '1012.33(1)(a), Fla. Stat.; Fla. Admin. Code r. 6A-5.056. More specifically, Ms. Hernandez’s actions have violated the Code of Ethics of the Education Profession in Florida, in that she did not exercise the best professional judgment and integrity or attempt to achieve the highest degree of ethical conduct in essentially falsifying records; she also did not act in a manner consistent with maintaining the respect and confidence of her colleagues. See Fla. Admin. Code r. 10.080. Her actions similarly violate the Principles of Professional Conduct for the Education Profession in Florida, in that she intentionally distorted facts with regard to teaching performance; she also did not maintain honesty and integrity with regard to her professional duties and responsibilities; she engaged in conduct that was intimidating and inappropriate, and even coercive, with respect to her colleagues; and she submitted fraudulent information in connection with her professional activities as an Assistant Principal. See Fla, Admin. Code r. 10.081, fl. ADMINISTRATIVE CHARGES The Petitioner, Robert W. Runcie, alleges as follows: 6. This recommendation is based upon allegations that the Respondent falsified 2 records by submitting a classroom observation of a teacher that had not been performed. 7. On May 7, 2013, kindergarten teacher, Michelle Chapman received a phone call from Ms. Hernandez, who stated that she was required to complete a classroom observation in Ms. Chapman’s classroom, and that she was going to put it into the School Board’s I-Observation form/system without actually doing the observation. Ms. Hernandez also told Ms. Chapman not to tell anyone. 8. Ms. Chapman received notification, on that date, that an iObservation form had been filled out. It was a glowing report of Ms. Chapman’s performance in the classroom. 9. Knowing that no observation had been performed, Ms. Chapman went to the Principal, Heather Hedman-Devaughn, the very next day, and reported this information, 10. Sylvana Wilkins, an assistant in the classroom, confirmed that Ms. Hernandez had not been in the classroom on the date and time indicated on the iObservation form. 11. Principal Hedman-Devaughn immediately contacted her Cadre Director, Dr. Mark Strauss, reported the falsification of records to the Department of Education, and contacted the School Board Police Department who advised that the matter could be handled administratively, at the schoo! location. 12, Principal Hedman-Devaughn made a number of attempts to conduct a pre-disciplinary conference with Ms. Hernandez, who failed or refused to schedule such a conference on a number of occasions. 13. On approximately June 12, 2013, the kindergarten teacher involved, Ms. 3 Chapman, reported to Principal Hedman-Devaughn, that she had received another telephone call from Ms. Hernandez. In that phone call, in which Ms. Chapman described the Assistant Principal as hysterical, Ms. Hernandez mentioned the following things to the teacher: - That she did not want to drag Ms. Chapman into this; - That she knows a lot of people; - That she was communicating with Superintendent Runcie via text message earlier that day; and - That she is close friends with the Assistant District Attorney. 14. During that telephone conversation, Ms. Hernandez asked Ms. Chapman if Principal Hedman-Devaughn had inquired about the classroom observation in question, and denied having falsified the observation. 15. Ms. Chapman felt intimidated by this phone call. 16, Principal Hedman-Devaughn continued to attempt to schedule a pre-disciplinary conference with Ms. Hernandez. 17. Apre-disciplinary conference was scheduled for Thursday, June 13, 2013. 18. The day prior, on June 12, 2013, Assistant Principal Hernandez notified Principal Hedman-Devaughn that she was sick and would be on bed rest for the next three days (through Friday, June 14, 2013). 19. Accordingly, Principal Hedman-Devaughn provided dates during the following week (June 18, 19, and 20, 2013) as alternate dates for the pre-disciplinary conference. 20. On Friday, June 14, 2013, Ms. Hemandez, apparently no longer sick and on bed rest, advised Principal Hedman-Devaughn that she was now on vacation and flying to Dubai, and that this matter should be handled by her attorneys. 21. The pre-disciplinary conference was re-scheduled on a number of occasions until July 22, 2013, when Ms. Hernandez submitted a written response in lieu of an appearance at a pre-disciplinary conference. In that response, prepared by Ms. Hernandez’s attorney, she denied that she falsified any records or violated any School Board policies, and she further accused Principal Hedman-Devaughn of retaliating against her for some other actions unrelated to the classroom observation. 22. Because Principal Hedman-Devaughn did not believe that Ms. Hernandez’s written response provided a sufficient explanation for her conduct in falsifying the classroom observation, the Principal decided that some level of disciplinary action was appropriate, 23. Upon a review of other recent discipline and concerns with regard to Ms. ~ Hernandez’s job performance, including, but not limited to, a verbal reprimand issued in June of 2013 for insubordination for failure to follow directives, Principal Hedman-Devaughn determined that a three (3) day suspension was warranted. 24, Having reviewed the materials supporting the charges against Ms. Hernandez, the Petitioner/Superintendent hereby agrees with the recommendation of Principal Hedman-Devaughn that Ms. Hernandez be suspended, without pay, from her 5 position as an Assistant Principal, for a period of three (3) days. 24. Having reviewed the materials supporting the charges against Ms. Hernandez, the Petitioner/Superintendent hereby agrees with the recommendation of Principal Hedman-Devaughn that Ms. Hernandez be suspended, without pay, from her position as an Assistant Principal, for a period of three (3) days. 25. Inaccordance with Florida law, this recommendation for suspension must be reviewed, and approved by the School Board. See '1012.33(6)(b), Fla. Stat. 26. If the ultimate decision is adverse to her, Ms. Hernandez may challenge the decision by seeking an administrative hearing pursuant to Chapter 120 of the Florida Statutes. EXECUTED this _C?_ day of September, 2013. ROBERT W. RUNCIE Superintendent of Schools cc: Debra P. Klauber, Esq. Haliczer Pettis & Schwamm, P.A. Cadré Attorney Printed by: Supt Runcie October 22, 2013 11:54:09 AM Title: Petition requesting Formal Hearing : CAB Page 1 of 2 From: @ "Stephan Lopez" 10/22/13 ... Subject: Petition requesting Formal Hearing To: v Supt Runcie Cc: % Attachments: '* Petition for Formal Hearing.pdf / Uploaded File (1.7M) Mr. Runcie: Attached is Mayra Hernandez’s petition requesting a formal hearing on the administrative complaint recommending a 3 day suspension, before the school board. It was previously emailed to an email address that came back as undeliverable, it was also faxed to 754-321-2701, yesterday evening. | also mailed it via U.S. Mail on the 21 of October, 2013 and can hand deliver a copy of the petition before 4:00pm on today’s date if necessary. Please acknowledge receipt of this timely request. Respectfully, image001.jpg Stephan Lopez Attorney at Law 2924 Davie Road, Suite 102 Davie, FL 33314-1602 Office: (954) 369-1993 | Fax: (888) 315-6291 stephan@ireyeslegal. com | www. reyeslegal.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is confidential, priviteged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation. Please consider the environment before printing this e-mail.

Docket for Case No: 13-004225

Issue Date	Proceedings
Nov. 18, 2014	Transmittal letter from Claudia Llado forwarding Joint Exhibits numbered 1-46, to the agency.
Nov. 13, 2014	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 22, 2014	Order Denying Joint Motion to Stay Proceedings, Granting Continuance, and Re-scheduling Hearing by Video Teleconference (hearing set for January 12, 2015; 9:00 a.m.; Lauderdale Lakes, FL).
Sep. 22, 2014	Order Allowing Testimony by Telephone.
Sep. 22, 2014	Joint Motion to Stay Proceedings filed.
Sep. 22, 2014	Agreed Motion to Permit Telephonic Appearance by Witness Dr. Mark Strauss During Final Hearing Proceedings on September 22, 2014 filed.
Sep. 17, 2014	Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 12, 2014	Joint Prehearing Stipulation filed.
Sep. 09, 2014	Respondent's Notice of Withdrawal of Motion to Declare Request for Admissions Admitted filed.
Sep. 08, 2014	Notice of Taking Deposition (of Heather Hedman-Devaughn) filed.
Sep. 08, 2014	Notice of Taking Deposition (of Julia Skelton, Lisa Reed, and Michelle Chapman) filed.
Sep. 08, 2014	(Respondent's) Motion to Declare Request for Admissions Admitted filed.
Sep. 03, 2014	Notice of Taking Deposition (of Mayra Hernandez) filed.
Jun. 17, 2014	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 22, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
Jun. 12, 2014	Respondent's Unopposed Motion for Continuance filed.
Jun. 05, 2014	Order Granting Motion to Amend Administrative Complaint
May 27, 2014	Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Mar. 19, 2014	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 23, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
Mar. 17, 2014	Respondent's Unopposed Motion for Continuance filed.
Mar. 13, 2014	Notice of Serving Respondent's First Interlocking Discovery Request to Petitioner filed.
Jan. 10, 2014	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 30, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
Jan. 03, 2014	Respondent's Unopposed Motion for Continuance filed.
Oct. 31, 2013	Order of Pre-hearing Instructions.
Oct. 31, 2013	Notice of Hearing by Video Teleconference (hearing set for January 21, 2014; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 31, 2013	Response to Initial Order filed.
Oct. 28, 2013	Initial Order.
Oct. 25, 2013	Petition for Formal Administrative Proceeding filed.
Oct. 25, 2013	Administrative Complaint filed.
Oct. 25, 2013	Agency action letter filed.
Oct. 25, 2013	Agenda Request Form filed.
Oct. 25, 2013	Referral Letter filed.