THE BROWARD COUNTY SCHOOL BOARD, FLORIDA ROBERT W. RUNCIE, Superintendent of Schools, Petitioner, v. ROBYN BERMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Robert W. Runcie, Superintendent of Schools of Broward County, Florida (“Petitioner”), through his undersigned counsel, files this Administrative Complaint against Respondent, Robyn Berman (“BERMAN”). The Petitioner seeks a three (3) day suspension of Respondent’s employment with the Broward County School Board (“BCSB”) pursuant to Chapter 120 and Sections 1001.51, 1012.27(5), and 1012.33 Florida Statutes and Rule 6A- 5.056 of the Florida Administrative Code. The Petitioner alleges the following: I. JURISDICTIONAL BASIS 1. The agency is the Broward County School Board, 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. 3. The Petitioner is statutorily obligated to recommend the 10. placement of school personnel and to require compliance and observance with all laws, rules, and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the BCSB, inclusive of BERMAN. BERMAN is an employee of the Broward County School Board and is currently employed as a teacher pursuant to a Professional Services Contract, issued in accordance with Section 1012.33(3) (a), Florida Statutes (2017). The last known address of BERMAN is 950 Greenwood Road, Weston, Florida 33327. II. MATERIAL ALLEGATIONS This recommendation is based upon conduct occurring in March of 2017. BERMAN is a Mathematics teacher who, at all materials times, was employed at Cypress Bay High School. BERMAN was first hired by the district on July 24, 1992. On or about March 1, 2017, BERMAN was on duty teaching her Math class. On or about March 1, 2017, Berman allowed three students who are not currently her students to be in her class during instructional time. 11. 12. 13. 14, 15. 16. On or about March 1, 2017, during Berman’s second period Math class, Berman allowed three students who are not currently enrolled in her class and one of her current students to engage in a conversation about a sensitive ‘incident that occurred involving another student, C.W., in the past. On or about March 1, 2017, the student C.W., who was the subject of the conversation, was in the classroom at the time the conversation occurred causing her exposure to embarrassment. As a result of the aforementioned conduct of BERMAN, the school, at C.W.’s request, had to change C.W.’s schedule to move her to another class. III. PREVIOUS DISCIPLINE On or about November 22, 2011, Berman was issued a summary memo to use effective classroom management techniques at all times resulting from Berman raising her voice and using harsh or derogatory vocabulary with a student in class. On or about September 11, 2013, Berman received a 10-day suspension without pay by settlement agreement related to allegations of child abuse and teacher misconduct. On or about April 2014, Berman was issued a summary memo with four (4) directives, one of which directed her to not 17. 18. 19. 20. allow her daughters or other students who are not enrolled in her classes to sit in her classroom during instructional time. On or about May 20, 2014, Berman was issued a verbal reprimand for not abiding by previously issued directives among which was the directive to not have students that were not enrolled in her classes in her classroom during instructional time. Berman left her students unattended during instructional time and in handling the situation, Security found her daughter in the classroom. On or about September 2, 2014, Berman was issued a verbal reprimand with the directive to behave in a controlled manner resulting from Berman having yelled at a student in her class. On or about March 14, 2016, Berman was issued a summary memo directing her not to allow other students not enrolled in the class to be in the classroom during instructional time when Berman’s daughter was found in her classroom during instructional time for more than one entire class period. On or about February 16, 2017, Berman was issued a summary memo with among other directives, to not to allow students not enrolled in her class to sit in her classroom or come to help her during instructional time. This was a result of Berman behaving in an “agitated and rude” manner when a 21. 22. 23. Security monitor questioned a student who was not Berman’s student regarding his pass to be there. Iv. ADMINISTRATIVE CHARGES Petitioner realleges and incorporates herein by reference the allegations set forth in paragraphs one (1) through twenty (20) above. Just cause exists for the requested relief pursuant to Fla. Stat. § 1012.33(1) (a), Section 6A-5.056 F.A.C., the Respondent’s employment contract, School Board rules and regulations, the Code of Ethics of the Education Profession, and the Employee Disciplinary Guidelines promulgated by the School Board. “Just cause” means cause that is legally sufficient. “Just cause” includes, but is not limited to: ke B. “Misconduct in Office” means one or more of the following: 1. A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6B~-1.001, F.A.C.; 2. A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C.; 3. A violation of the adopted school board rules; 4. Behavior that disrupts the student's learning environment; or 5. Behavior that reduces the teacher's ability or his or his colleagues' ability to effectively perform duties. 24, 25. Cc. “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity. 1. “Inefficiency” means one or more of the following: a. Failure to perform duties prescribed by law; b. Failure to communicate appropriately with and relate to students; c. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents; d. Disorganization of his or his classroom to such an extent that the health, safety or welfare of the students is diminished; or e. Excessive absences or tardiness. 2. “Incapacity” means one or more of the following: a. Lack of emotional stability; b. Lack of adequate physical ability; c. Lack of general educational background; or d. Lack of adequate command of his or his area of specialization. D. “Gross insubordination” means the intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority; misfeasance, or malfeasance as to involve failure in the performance of the required duties. Vv. JUST CAUSE FOR DISCIPLINE A. JUST CAUSE Respondent’s actions constitute just cause to suspend her for three (3) days without pay. B. MISCONDUCT IN OFFICE Respondent’s actions constitute misconduct in office. The Respondent through her above-described conduct, has violated Fla. Stat. §1012.33 Fla. Stat., and one or more of Rules 6A- - | L 26. 27. 28. 29. 5.056(2) (a) through (e) of the Florida Administrative Code, which defines “misconduct”. C. INCOMPETENCY Respondent’s [f]lailure to communicate appropriately with and relate to students, colleagues, administrators, subordinates, or parents;” constitutes inefficiency. D. GROSS INSUBORDINATION Respondent’s actions constitute gross insubordination. Respondent has been directed on numerous occasions to not have students who are not enrolled in her class be in her classes during instructional time. E. SCHOOL BOARD POLICY 4008 (B) Respondent is in violation of School Board Policy 4008 (B) which requires all employees who have been issued contracts to comply with the provisions of the Florida School Code, State Board Regulations and regulations and policies of the Board. Furthermore, School Board Policy 4008(B) requires that “members of instructional staff shall perform the following functions:” 1. Comply with the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 3. Infuse in the classroom, the District’s adopted Character Education Traits of Respect, Honesty, Kindness, Self-control, Tolerance, Cooperation, Responsibility and Citizenship. 7 i 8. Conform to all rules and regulations that may be prescribed by the State Board and by the School Board. DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the School Board suspend the Respondent, Robyn Berman, for three (3) days without pay based upon the foregoing facts and legal authority. EXECUTED this RL day of Junk , 2017. ROBERT W. RUNCIE, Superintendent of Schools, Broward County Respectfully submitted: Tria Lawton-Russell, Esq. Administrative Counsel NOTICE If you wish to contest the charges, you must, within 15 days after receipt of the written notice , submit a written request for a hearing to Robert W. Runcie, Superintendent, Broward County School District, 600 37% Ave., Ft. Lauderdale, FL, 33301. If timely requested, such hearing shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120, Florida Statutes. FAILURE TO TIMELY REQUEST A HEARING WILL RESULT IN A WAIVER OF THE RIGHT TO CONTEST THE CHARGES. IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER. VERIFIED RETURN OF SERVICE State of Florida | County of Broward Case Number: N/A Court Date’ 8/8/2017 10:05 am Petitioner: ROBERT W. RUNCIE, SUPERINTENDENT OF SCHOOLS, vs. Respondent: ROBYN BERMAN, For: Tria Lawton-Russell ADMINISTRATIVE COUNSEL, BROWARD DISTRICT SCHOOLS 600 SE 3rd Ave Fort Lauderdale, FL 33301 Received by Professional Process Servers on the 29th day of June, 2017 at 9 00 am to be served on MS. ROBYN BERMAN, 950 GREENWOOD ROAD, WESTON, FL 33327. \. Henri J Werner, do hereby affirm|that on the 29th day of June, 2017 at 7:00 pm, I: INDIVIDUALLY/PERSONALLY served by delivering a true copy of the LETTER, NOTICE and ADMINISTRATIVE COMPLAINT with the date and hour of service endorsed thereon by me, to: MS. ROBYN BERMAN at the address of $50 GREENWOOD ROAD, WESTON, FL 33327, and Informed said person of the contents therein, in compliance with state statutes, Military Status: BASED ON INQUIRY TO INDIVIDUAL SERVED, THE DEFENDANT IS NOT IN THE UNITED STATES MILITARY. Description of Person Served. Age: 40s, Sex. F, Race/Skin Color: WHITE, Height: 5'3, Weight: 190, Hair BLONDE, Glasses: N vt Under penalty of perjury, | declare that | have read the foregoing and that the facts stated in it are true, that! am a Sheriff Appointed Process Server in the county in which this defendant/witness was served and have no interest in the above action. Pursuant to FS 92.525(2), no notary is required. ae Werner SPS#847 Professional Process Servers & Investigators, Inc. 1749 N.E. 26th Street, Suite A Wilton Manors, FL 33305 (954) 566-2523 Our Job Serial Number: FIS-2017011112 colton 1992-2017 Databane Services, Inc - Procass Server's Toolbox V7 11

Docket for Case No: 17-004643TTS