STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SARASOTA COUNTY SCHOOL BOARD Petitioner v. Case No. 20-0756 LOUIS ANDERSON Respondent ADMINISTRATIVE COMPLAINT COMES NOW, Mitsi Corcoran as Acting Superintendent of Sarasota County School Board hereby recommends the termination of employment of Louis Anderson (“Respondent”), effective immediately upon approval by the Sarasota County School Board (“Petitioner”) and as grounds the Petitioner hereby states as follows: JURISDICTION 1. Corcoran is Superintendent for the Petitioner and therefore, has the authority pursuant to § 1012.27, Florida Statutes, to recommend to the School Board that any school employee be suspended and/or dismissed from employment. 2. Respondent has been employed with the District since September 2015. 3. Respondent is an “educational support employee” as defined by §§ 1012.40(1)(a) and 1012.01(6)(c), Florida Statutes. 4. Respondent’s employment is governed by the classified bargaining unit collective Filed April 24, 2020 9:44 AM Division of Administrative Hearings bargaining agreement between the Sarasota Classified/Teacher Association (“SC/TA”) and the School Board of Sarasota County. The standard for the discipline of support personnel is “just cause” pursuant to Article XXI of the SC/TA Agreement. 5. The Sarasota County School Board is located at 1960 Landings Blvd., Sarasota, Florida 34231. The School Board has the authority to terminate and/or suspend educational support personnel without pay and benefits pursuant to §§ 1012.22(1)(f) and 1012.40(2)(c), Florida Statutes. 6. The Division of Administrative Hearings (“DOAH”), has contractual jurisdiction over the parties and the subject matter of this Petition in the event Respondent requests a hearing on this matter pursuant to Board Policy 6.37 and Article XXI of the SC/TA Agreement and §§ 1012.40(2)(c), 120.569 and 120.57, Florida Statutes. FACTUAL ALLEGATIONS 7. Respondent has been employed with the School District of Sarasota County for approximately five (5) years. Respondent is a ten (10) month employee. 8. Respondent began his employment as a behavior cluster center aid at Oak Park school. He continued at Oak Park progressing to a Para III ESC behavioral technician. He transferred in January of 2018 to Glenallen Elementary where he took the position of Behavior Technician Aid. He was placed at Laurel Nokomis School January 15, 2020 due to early return from workers compensation leave until suffering another injury which the school was unable to accommodate. 9. On May 17, 2018 respondents suffered a work-related injury to his shoulder and ankle. First Report Of Injury (FROI) failed to mention any low back injury. He was first treated by Dr. Gavin at Med Express on May 19, 2018. He continued to work until being placed on no work May 30, 2018. 10. He was next seen by orthopedic surgeon Daryl Miller who diagnosed Respondent with a lumbar strain despite no mention of this in the FROI. He was next seen by Dr, Feiertag for low back pain and side sciatica. Respondent failed to disclose a pre-existing low back injury and treatment to Dr, Feiertag. These treatments occurred between May 2015 and March 2018. 11. Respondent sought to continue his medical benefits for the May 17, 2018 accident but was denied the claim by the Employer Carrier Servicing Agent on the basis of misrepresentation and major contributing cause (MCC). A Petition for benefits was filed November 14, 2018. The Petitioner, through their servicing agent, asserted the defense of forfeiture of medical and compensation benefits for providing false, fraudulent, and misleading information about a pre-existing condition with the intent to obtain benefits violation of Section 440.105 Fla. Stat. 12. _A petition for benefits hearing was held before the Honorable Diane B. Beck OJCC Case No. 18-027966DBB on November 5, 2019. Respondent testified at the hearing under oath. The Respondent’s deposition under oath was taken prior to the Final hearing. The Final Compensation Order was issued November 7, 2019. A copy is attached as exhibit “A”. 13. Based upon the testimony and medical records, The Judge Beck found respondent made false or misleading statements to treating physician Dr. Freiertag and made false statements at deposition and final hearing as to complaints made to Dr. Murphy. She also found his demeanor while testifying did not support the trustworthiness of his contrary statements. 3 Judge Beck further found these false and misleading statements were made with the intent to obtain workers compensation benefits. On that basis, Judge Beck found claimant had forfeited his rights to benefits under Chapter 440.105 Florida Statutes. 14. On January 15, 2020, Respondent was sent a letter by Acting Superintendent Mitsi Corcoran providing a notice that she would recommend Respondent’s termination to the Board as a result of misconduct in office due to false and misleading statements during the benefits administrative proceeding. The letter provided that the information reviewed during the investigation provided just cause for termination of employment. 15. Respondent by letter dated January 29, 2020 requested an Administrative Hearing to challenge the termination. VIOLATIONS 16. School Board Policy 6.37 provides among others that any suspension or dismissal shall be as prescribed by law in that no member of staff may be dismissed except by action of the School Board. By letter dated January 15, 2020, Acting Superintendent Mitsi Corcoran has recommended to the Board that Respondent be terminated for misconduct in office relating to untruthful testimony in a worker’s compensation proceeding. 17. The suspension or dismissal of educational support personnel as prescribed by law is found in §§ 1012.22(1)(f) and 1012.40(2)(c), Florida Statues. The Sections provide as follows: (22)(1)(f) The district school board shall suspend, dismiss, or return to annual contract members of the instructional staff and other school employees. (40)(2)(c) In the event a district school superintendent seeks termination of an employee, the district school board may suspend the employee with or without pay. The employee shall receive written notice and shall have the opportunity to formally appeal the termination. The appeals process shall be determined by the appropriate collective bargaining process or by district school board rule in the event there is no collective bargaining agreement. 18. Article XXI(1)(1) of the SC/TA Agreement provides that the discipline, dismissal, demotion, and suspension of any employee shall be for just cause. 19. Section 1012.33(1)(a) of the Florida Statutes provides the definition of just cause to include but not be limited to immorality, misconduct in office, incompetency, two consecutive annual performance evaluation ratings of unsatisfactory under § 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3-year period under § 1012.34, three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under § 1012.34, gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude. 20. Under Florida Administrative Code 6A-5.056 Criteria for Suspension and Dismissal “Misconduct in Office” means one or more of the following: (a) A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6A-10.080, F.A.C.;! ' Although the recently revised 6A-5.056, F.A.C., includes a violation of Rule 6A-10.080, F.A.C. as criteria for misconduct in office, Rule 6A-10.080, F.A.C. was repealed March 23, 2016. 5 (b) A violation of the Principles of Professional Conduct for the Education Profession (herein “Principles”) in Florida as adopted in Rule 6A-10.081, F.A.C.; (c) A violation of the adopted school board rules; (d) Behavior that disrupts the student’s learning environment; or (e) Behavior that reduces the teacher’s ability or his or her colleagues’ ability to effectively perform duties. 21. | Respondent meets the criteria for suspension and dismissal in 6A-5.056(b)-(c). 22. The Principles in 6A-10.081(2)(C)(1) F.A.C. provide the individual’s obligation to the profession of education requires that the individual shall maintain honesty in all professional dealings. 23. School Board Rule 6.27 provides that all employees shall adhere to the Principles of Professional Conduct for the Education Profession in Florida. The employee handbook for classified employees also recognizes the employee’s responsibilities under the code of ethics and requires employees to sign an acknowledgement of receipt of ethics code upon hiring. 24. Based on the foregoing and the findings contained within the Final Compensation order of November 17, 2019 and the evidence upon which it was based, just cause, specifically misconduct in office, exists to terminate Respondent’s employment for failure to maintain honesty in all professional dealings. Progressive discipline is not required for flagrant violation of these rules. WHEREFORE, based upon the foregoing, the Superintendent recommends termination of Respondent Louis Anderson and for such further relief as this court deems appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of April, 2020 I electronically filed the foregoing document with the Division of Administrative Hearings electronic filing system and served a true and correct copy via the e-file portal and U.S. Mail to Louis Anderson, 23445 Nelson Ave. Port Charlotte, FL 33954. ROB ROBINSON ATTORNEY, P.A. 500 S. Washington Blvd. Suite 400 Sarasota, Florida, 34236 (941) 364-2404 (direct line) (941)328-3693 (facsimile) on lalod K. yt — ROBERT K. ROBINSON, B.C.S. Florida Bar No. 0815081 Email: rob@robrobinson.law Secondary email: staff@robrobinson.law G2RKR'S SARASOTA CO SCHOOL BOARD Anderson, Louis Drafts Administrative Complaint.docx

Docket for Case No: 20-000756