THE STATE OF FLORIDA BEFORE THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA MARK T. PORTER, Superintendent of Schools, Petitioner MARY MAXWELL, Respondent. ) ) ) ) ) v. ) Case No. ) ) ) ) ) ADMINISTRATIVE COMPLAINT Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint against MARY MAXWELL. Petitioner seeks to uphold a two- day unpaid suspension of Respondent’s employment pursuant to Florida Statutes § 1012.40 and § 1012.27(5) and the policies of the Monroe County School District. In support thereof, the Petitioner states as follows: JURISDICTIONAL BASIS 1. The agency is THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA (hereinafter “School Board”), located at 241 Trumbo Road, Key West, Florida 33040. 2. The Petitioner, MARK T. PORTER, is the Superintendent of Schools in Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040. 3. The Petitioner is statutorily obligated to recommend the placement of all school personnel and to require all employees to observe and comply with all applicable laws, rules, and regulations. Petitioner is required by law to report and recommend appropriate action Page 1 of 11 against any school employee who fails to comply therewith, inclusive of the Respondent, MARY MAXWELL (“Respondent”). 4. Pursuant to Florida Statute § 1012.27, the Petitioner has the authority to recommend that any school employee be suspended and/or dismissed from employment with the Monroe County School District. 5. The Respondent is an employee of the School Board and is currently employed as an English Teacher within the Monroe County School District. Petitioner seeks to uphold a two (2) day suspension of Ms. Maxwell’s employment. 6. The last known address of the Respondent is 3930 S. Roosevelt Blvd., N406, Key West, Florida, 33040. ADMINISTRATIVE CHARGES Petitioner, MARK T. PORTER, re-alleges Paragraphs 1-6, incorporates said paragraphs hereto by reference, and further states as follows: 7. Atall times pertinent hereto, Respondent was employed in an instructional capacity with the Monroe County Schoo! District, to wit: English Teacher. 8. School Board Policy 3120 provides: 3210 - STANDARDS OF ETHICAL CONDUCT District instructional staff members shall comply with the following disciplinary principles. Violation of any of these principles shall subject the individual to revocation or suspension of the individual instructional staff member's certificate, or the other penalties as provided by law. A. Obligation to the student requires that the District instructional staff member shall: 1. make a reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety. 2. not unreasonably restrain a student from independent action in pursuit of learning. 3. not unreasonably deny a student access to diverse points of view. 4. not intentionally suppress or distort subject matter relevant to a student's academic program. Page 2 of 11 not intentionally expose a student to unnecessary embarrassment or disparagement. not intentionally violate or deny a student's legal rights. not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable efforts to assure that each student is protected from harassment or discrimination. not exploit a relationship with a student for personal gain or advantage. keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. 10. School Board Policy 3380 provides: 3380 - CIVILITY IN THE CONDUCT OF BOARD MEMBERS, ADMINISTRATORS, TEACHERS, SUPPORT STAFF, AND ALL EMPLOYEES OF THE SCHOOL DISTRICT Employee Conduct on School Property The School Board recognizes that education of the children is a process that involves a cooperative partnership between administrators, teachers, classroom aides, coaches, bus drivers, cafeteria workers, maintenance workers, and all support employees involved in achieving the primary mission of our School District. Further, the Board recognizes that adults on school campuses and in the District office are perceived as role models for our students, thus the behavior of adults can influence the behavior and well being of our students. It is of importance to the Board that all District employees treat each other with courtesy and respect whether or not in the presence of students, and convey a high level of civility in their day-to-day communication with one another. The purpose of this policy is to provide rules of conduct for all people employed by the District, while at the same time enabling the Board to identify and deal with those behaviors which are rude, inappropriate, or disruptive to the operation of a school or other District facility. It shall be the policy of the Board that District personnel will treat parents, students, and other District personnel with courtesy and respect and are entitled to expect the same from others. It shall further be the policy of the Board that disruptive behavior will not be tolerated. Disruptive behavior includes, but is not necessarily limited to, A. behavior which interferes with or threatens to interfere with the operation of a classroom, an employee's office or office area, areas of a school or facility open to the general public, and areas of a school or facility which are not open to the general public; Page 3 of 11 using loud and/or offensive language, swearing, cursing, and using profane language or displays of temper; threatening to do bodily or physical harm to a fellow employee regardless of whether or not the behavior constitutes or may constitute a criminal violation; threatening to do psychological or emotional harm to a fellow employee; damaging or destroying Board property; any other behavior which disrupts the orderly operation of a school, classroom, grounds, or District offices where the business of education takes place. 11. School Board Policy 3200 provides: 12 13. 3200 - ETHICAL AND RESPONSIBLE CONDUCT As public servants, the School Board believes that all District employees must carry out their duties in an ethical and responsible manner, a manner that is, at all times, above reproach. The following are expected and required of all employees of the District: A. H. Q mm o To abide by this policy, as well as the other policies herein, making the well-being of the students and the honest performance of professional duties core guiding principles. To obey local, State, and Federal laws, codes and regulations. To support the principles of due process to protect the civil and human rights of all individuals. To treat all persons with respect and strive to be fair in all matters. To take responsibility and be accountable for one’s actions. To avoid conflicts of interest or any appearance of impropriety. To cooperate with others to protect and advance the District and its students. 0 be efficient and effective in the performance of job duties. . On or about April 6, 2018, Respondent belittled, degraded, and generally disrespected multiple students in her classroom in violation of School Board Policy 3210(A)(5), requiring instructional staff to “not intentionally expose a student to unnecessary embarrassment or disparagement.” On or about April 6, 2018, Respondent violated School Board Policy 3380 by, but not limited to, the following acts: Page 4 of 11 14. 15. 16. a. Engaging in inappropriate student contact; b. Making consistent, inappropriate threats to students; c. using loud and/or offensive language, and displaying an inappropriate temper; d. Engaging in other conduct which interfered with or threatened to interfere with the operation of a classroom; On or about April 6, 2018, Respondent violated School Board Policy 3200 by, but not limited to, the following acts: a. Failing to treat all persons on school grounds with respect; b. Failing to advance the District and its students; c. Failing to be efficient and effective in the performance of job duties. Pursuant to Florida Statutes and School Board Policies and Rules, written notice was provided to Respondent on or about August 10, 2018 advising that Petitioner would be subjecting Respondent to a two-day unpaid suspension, and further advised Respondent of their right to request a hearing to contest the charges. That written notice is attached hereto as Exhibit A and is incorporated herein by reference. Within 15 days after being served with said written notice, Respondent requested in writing a hearing to challenge the Petitioner’s recommendation to terminate their employment. This request is attached hereto as Exhibit B. Page 5 of 11 PETITIONER’S RECOMMENDATION 17. Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, recommends and requests that the School Board of Monroe County, Florida, the requisite notice having been provided to the Respondent, uphold the two-day unpaid suspension of Respondent MARY MAXWELL’s employment with the Monroe County School District, predicated upon the foregoing facts and legal authority. 1st October EXECUTED this # Z veg Digitally signed by Mark T Porter iT fide Date: 2018.10.01 10:15:37 -04'00' MARK T. PORTER Superintendent of Schools day of , 2018. STATE OF FLORIDA ) ) SS: COUNTY OF MONROE _ ) BEFORE ME, the undersigned authority, personally appeared, MARK T. 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. October, 2018 WITNESS my hand and seal this _1st_ day of September,2018. NOTARY PUBLIC, STATE OF FLORIDA * Expires 2/24/2021 My Commission Expires: February 24, 2021 Page 6 of 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document has been furnished via U.S. Mail to: Mary Maxwell, 3930 S. Roosevelt Blvd., N406, Key West, FL, 33040, and Holly Hummel-Gorman, 1310 United Street, #115, Key West, FL, 33040; and via email to: Dr. Ramon Dawkins, Director of Human’ Resources, Monroe County Schools, ramon.dawkins@keysschools.com this 28th day of September, 2018 VERNIS & BOWLING OF THE FLORIDA KEYS, P.A. Attorney for Petitioner Islamorada Professional Center 81990 Overseas Highway, 3" Floor Islamorada, Florida 33036 Telephone (305) 664-4675 Telecopier (305) 664-5414 /s/ Gaelan P. Jones Gaelan P. Jones, Esq. Florida Bar No.: 117776 Page 7 of 11

Docket for Case No: 18-005215TTS