THE BROWARD COUNTY SCHOOL BOARD, FLORIDA ROBERT W. RUNCIE, Superintendent of Schools, Petitioner, WYMAN LEE GRESHAM, Respondent. ADMINISTRATIVE COMPLAINT | Petitioner, Robert W. |Runcie, Superintendent of Schools of p Broward County, Florida (“Petitioner”), through his undersigned counsel, files this inmisttrative Complaint against Respondent, aS Wyman Lee Gresham ( Gresham’) . The Petitioner seeks termination ) rer S , eo ee F a Respondent's employment |with the Broward County School Board eh | (“BCSB”). The Petitioner alleges the following: I, JURISDICTIONAL BASIS l. The agency is the Schqol Board of Broward County, Florida, at 600 Bantheast Third Avenue, Fort Lauderdale, Broward County, Florida 3330 hs The Petitioner is | Robert W. Runcie, who Superintendent of Schodls of Broward County, Florida. ad oO al D ct be et oC o oO KR wn obligated to recommend the Q observance with all placement of school personnel and to require compliance an | | laws, rules, and regulations. | | Oo 9. Petitioner is authofized to report and enforce any | violation thereof, | together with recommending the | appropriate disciplinary action against any instructional | 4 : : personnel employed by the BCSB, inclusive of Gresham. 4, Gresham is an employee of the BCSB and is currently | employed as a teacher| pursuant to a Professional Services Aaa ; ; | : ; 4 4 427% 7 Contract, issued in accordance with Section 1012.33(3) (a) Florida Statutes (2018). 9. The last known address of Gresham is 3065 North Oakland Forest Drive, Unit 202,| Oakland Park, Florida 33309. Il. MATERIAL ALLEGATIONS This recommendation is} based upon conduct occurring during the 2017/2018 school year. Gresham is employed as) a Life Ski teacher at Lauderhill 6-12 STEM-MED (“Lauderhill”) He was also the coach of the boys’ basketball team. The BCSB hired Gresham) on or about May 5, 1995, in a non- instruction position. |On or about October 1, 2001, Gresham | was hired for an instructional position He has been assigned to Lauderhill since October 6, 2014 During the first and] second quarters of the 2017/2018 | school year, Gresham ir touched several female students at Lauderhill. | | 5 ll. Nh school year, ar Gresham i H second quarters of the 2017/2018 nappropriately touched a minor female student, K.R. Specifically, Gresham touched K.R.’s buttocks, told K.R. he loved her, and stuck his tongue out at K.R. in a sexually suggestive manner. During the first and second quarters of the 2017/2018 school year, Gresham imappropriately touched a minor female student, S.F Specifically, Gresham hugged S.F. and put his hands on her lower back. Gresham also stuck his tongue out at S.F., licked |his lips in a sexually suggestive manner, anc sat with his legs open facing towards S.F. Buring the first and) second guarters of the 2017/2018 school year, Gresham imappropriately touched a minor female student, 2.M. Specifically, Gresham rubbed Z.M.’s_ ear, placed his hands on ZJ|M. waist, and told Z.M. he missed her. During the first and| second Quarters of the 2017/2018 school year, Gresham made inappropriate comments to several of his female students. fically, Gresham told his le Lauderhill December 4, 201 overheard sever students that became awar they were “hoes in the making.” of this conduct on or about Monday, after two employees reported that they female students discussing Gresham's conduct during an afterschool program (“the Report”). 15. Specifically, on or about Friday, December 1, 2017, campus hall monitor Carlos Hunt overheard K.R. telling her friends the Y.M.C.A. afterschool program that Gresham had touched her buttocks and was licking his lips. 16. Mr. Hunt called security specialist Allison Harris and asked her to come listen to and speak with K.R. about her be wy Wo told Ms. Harris |that Gresham was always under her butt.” When Ms, Harris asked for clarification, K.R. explained that Gresham) touched her buttocks when he hugged her. 18. K.R. also demonstrated] on Ms. Harris where Gresham would =] place his and |she put both of her hands on Ms. Harris’s buttocks. K.R. prepared a written statement. In her statement, K.R. ya said that Gresham: i) touches her lower back “(booty) when old her he loved ct he hugs her, ii) stares at her, and her and tried to force her to say it back to him. 20. Z.M. also prepared a written statement wherein she reported that Gresham: i) hugs her in an uncomfortable way, ii) says that he loved or missed her, iii) once watched her and her minor friends through j@ classroom window while thei We twerking” and told them not to stop just because he was N be NR N yA NO on 26. there, and iv) asked boys/he could see her “é After the Report, Z.M, said that Gresham came and pulled her out of class and asked 2.M. to “protect him” and then invited her to the basketball pizza party. Based on the foregoing, on December 4, 2017, Gresham was taken into custody by Broward Sheriff’s Office. Effective December 13, 2017, Gresham was placed = on administrative reassignment. On December 19, 2017, during an investigation into the Report, S.F. reported that Gresham would hug her every day while she was in class. She also reported that Gresham would get angry with her if he told S.F. that he loved her, and S.F. did not say it) back to him. S.P. alse reported that) Gresham got “too touchy feely” with her Specifically, Gresham would touch her shoulders, put his hands on her hips, would stare at her buttocks, and would call her “baby girl.” According to S.F., she|did not report these incidents with Gresham because Z.M. ight she would reported around Gresham because he was “too touchy.” tn 28. N co Ww AD Ww had Ww as Loy) on In addition to the allegations set forth in Paragraph 12 above, Z.M. stated that Gresham asked her to remove her backpack so that boys could see her butt. 2.M. stated that Gresham would flick her on the lips with his hand. Z.M. also reported that her buttocks. she saw Gresham hug K.R. and touch According to 2Z.M., Gresham told her and other female students to speak with |him if they ever got in trouble, and would get mad at them if they missed a basketball game. On ber 19, 2017, K.R. reported that Gresham had touched her on her | buttocks approximately 2 times According to K.R., the touching in Gresham's class in his oflfice. January 4, 2018, mat on December 4, separate occasions, au to Z2.M. and S.F. On January 17, reported that 2017, Gresham came to her he previat she and other female students had account names, and that one t Gresham had that his telephone ntmber. h teacher, Tami Osias confirmed that classroom on two third period, Ww BCSB school. According to Mr. Alexander, one day, while he was working with Gresham at that other school, he encountered a female student at the school who had arrived late and was dressed inappropriately. When questioned about her whereabouts, the female student stated she had been with her boyfriend. The administ student’s cell phone| to call the person the student identified as her boyfriend, and Gresham answered the phone. Despite having) the day off, Gresham came to the school 15 minutes after the call to speak with the principal. Mr. Alexander also stated that Gresham was spoken to about having lunch with female students. Finally, Mr. Alexander stated that he asked Gresham to remove a couch from |his classroom because it appeared ineppropriate. On February 15, T.D., a former student of Gresham Stated that, while shel was in high school, Gresham asked her to send him a picture of her in her bra and panties. On February 21, 2018, he State of Florida charged Gresham with one count of lewd] and lascivious m ct Be count of lewd and lascivious conduct. See Exhibi On March 13, 2018, minor student B.M. confirmed that she Saw Gresham touch Z.M."ls thigh while a a) 40. she saw Gresham rub Z.F.’s thighs in his office while Gresham and 2Z.F. were alone in Gresham’s office. On November 28, 2018} K.R. and Z.M. each filed a civil lawsuit against BCSB stemming from Gresham's conduct | towards the minor students. See Composite Exhibit B. In her Complaint, | K-R. alleges that Gresham made | Lnappropriate sexual advances towards her, including grabbing her buttocks, holding her close to him, and telling her that he loved her. advances towards her, including hugging her, rubbing |r rubbing the side of her legs while holding her close, and making | comments about her buttocks. III. PREVIOUS DISCIPLINE AND CORRECTIVE ACTION During the 2001/2002 |school year, letter of reprimand) had to complete new teacher orientation training, jand was suspended after probable cause was found regarding an allegation that Gresham harassed and| fondled a student in a classroom at Dillard High School. 44, 45, Also during the 2001 School, Gresham was ordered to attend new referred to cause was found rega committed verbal insubordinate. On or about February Education made a probah of Florida Education Pr matter iltimately ente the employee assault 2002 issued rding ices act red int assistance program all Commission con¢erned two ie) school year at Dillard High a letter of reprimand, was teacher orientation training, and was after probable allegation that Gresham towards another employee and was the Florida Department of finding regarding the State (“BEPC”) Case 023- separate events over which a settlement agreement with EPC, The two events are listed as follows: e On March 23, |1998, Gresham "offered M.D., a 13 or 14 year-old, | female student money if she would for him and perform sexual The e On inappropriately abo comments and 2002, hle student's personal On or problems. 2002, Gresham touched C.P. ut the hip area and made gestures about sexual issued Gresham a written reprimand and suspended him for five days without | pay. | | 46. Pertaining to EPC Case # 023-0120, Wyman Gresham was issued | a Letter of Reprimand, was placed on three years , | probation, and was isshed a fine. He IV. ADMINISTRATIVE CHARGES and incorporates herein by reference | | 4 a ae long og F ’ the allegations set fgrth in paragraphs one through forty- | 48. Just cause exists for the | to Section 10 Stat., Section 435.04, Fla. F FLA.LC., the Respondent’s rules and regulations, the Code of Ethics of 1 ation Profession, and the policies promulgated by the BCSB. so wo that ais legally sufficient. F.A.C., “just cause” includes, but is not limited to: A. “Immorality” means conduct that is inconsistent with the standards of public conscience and good morals. It | is conduct that brings the individual concerned or the education profession into public disgrace or disrespect and impairs the individual's service in the community. 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 6A-10.080, F.A.C.?; 2. A violation | of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6A-10.081, F.A.C.; 3. A violation df the adopted school board rules; 4. Behavior that disrupts the student's learning environment; or Ds Behavior that reduces the teacher's ability or his or his |colleagues' ability to effectively perform duties. Cc “Incom id means the inability, failure or lack of fitr arge yuired duty as a4 lt of ineffi or infcar Ve “Tneffi means one or more of the following: a. Failure jto perform duties prescribed by law; b. Failure to communicate appropriately with and relate to students; Cc. Failure tc communicate appropriately with and relate to colleagues, administrators, subordinates, or parents; d Disorganization of his such an extent that the welfare pf the students e. Excessive absences or t ok kk asis added) Vv. JUST CAUSE FOR DISCIPLINE ee Repealed 3-23-16. Now included in 6A-10.081 F.A.C., of Professional Conduct for the Education Profession in | Pp r inciples Florida. A. JUST CAUSE 50. Respondent's actions constitute just cause to terminate his employment with the BCSB. B. IMMORALITY | » Respondent’s actions constitute acts of immoralit ny. Cc. MISCONDUCT IN OFFICE a =) U 52. Respondent’s actions titute misconduct in office. The Respondent through his above-described conduct, has 012.33 Fla. Stat., and one or more of (e) of the Florida Administrative Code, which defines “misconduct RULE 6A-10 SIONAL CONDUCT FOR Loe) G a @ Y oe om 3 mu n e pa ° he we a Oo ct S ® fe + is ° = ia 2 ae] iat L = ie oO Les) ° Professional Conduct for the Education Profession in (2) lorida educators shall’ comply with the fol lowing ‘iplinary principl Violation of any of these nciples shall the individual to revocation suspension the individual educator’s sy penalties as provided by fon to the student requires that the on 1. Shall make 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. wo Shall not intentionally expose a student to unnecessary embarrassment or disparagement. 7. Shall not) harass or discri student on the basis of age,| nationa ninate against any », color, religion, origin, political beliefs, marital 1S, handicapping condition, sexual on, or social and family background and shall make reasonable effort to assure that each student is protected) from harassment or discrimination. (b} Obligation to the public requires that the individual: mt 5. Shall offer no gratuity, gift, or favor t i e E. INCOMPETENCY Respondent's actions constitute incompetency. The Respondent, through his above-described conduct has violated Florida Statute §1012.33 and Rule 6A-5.056(3) (a) ve Code, His actions show a 13 Failure to perform the required duties as a result of inefficiency, as follows: u (a) “Inefficiency!’ means one or more of the following: 2. Failure to |communicate appropriately with and relate to students; on on Gresham failed to perform his duties prescribed by law and | failed to communicate appropriately with and relate to students by giving [them unsolicited frontal hugs and touching their buttocks, referencing the anatomy of his female students, and making sexually inapr towards female students. FE. SCHOOL BOARD POLICY 4008 1 of School Board Policy 4008 titled, uctional Duties (Principals and Personnel),” which reguires all employees who have been contracts to comply the | Florida School Code, State egulations and regulations and pc Furthermore, School Board 2) Comply with | the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. | 14 wn an wo 3. Infuse in adopted Ch Respect, He Tolerance, Citizenship. 4, Enforce the Conduct. 8. Conform that may be by the Schoo the classroom, t District’s aracter Education Traits of ynesty, Kindness, Self-control, Cooperation, Responsibility and | | Broward County Schools Code of to all rules and regulations prescribed by the State Board and Board. G. SCHOOL BOARD POLICY 4.9 Pursuant to School are expected to comply with work | regulations, local, state and | Rules, both in and out/of the Gresham is also in n to comply | 15 | violation of various a appropriate contractual agreements. place policies, federal laws; work place.” ich prohibit the following: of the ‘Lorida- Code of in the State Administrative Board policy, and Il, DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the BCSB terminate the Respondent, |Wyman Lee Gresham, based upon the foregoing facts and legal authority. saree ; ine, | Nop aa bg , EXECUTED this mn day of Wyeothey 2019. Respectfully submitted: Anastasia Protopapadakis, Es Gray Robinson, P.A. ond 333 S.E. Ave. Suite 3200 Miami, Florida 33131 “ROBERT W. RUNCIE, Superintendent of Schools, Broward County 16 NOTICE If you wish to contest the charges, you must, within 15 calendar 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. # 38729328 v1 LICH, i am i) dil led | “poshetwe, [8-74 AF iy IN THE CIRCUIT/COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA Bs vs, WARRANT TO ARREST yo wo ow oO Wyman Lee Gresham 2 = DOB 8/6/69 SB << = ~ & COUNT | Sw w ed > Lewd / Lascivious Molestation IN THE NAME OF THE STATE OF FLORIDA, TO ALL AND SINGULAR THE SHERIFF'S AND CONSTABLES OF THE STATE OF FLORIDA: Whereas, Detective Andrew Kiefer J CCN 267 of the Laudemill Police Department has this day made oath before me that between the 21°! Day of September, A.D., 2017 and 1™ Day of December, A.D., 2017, in the county aforesaid, one Wyman Lee Gresham (Age 48) being eighteen (18) years of age or older did intentionally touch In a lewd or lascivious manner the buttocks, or the clothing covering them, of KI RIBB(Age 12), 2 person twelve (12) years of age or older but less than sbteen (16) years of age, contrary to F.S, 800,04 (5a) and FS. 800.04 (5\c)2. COUNT I Lewd / Lasclvious Genduct IN THE NAME OF THE STATE OF FLORIDA, TO ALL AND SINGULAR THE SHERIFF'S AND CONSTABLES OF THE STATE OF FLORIDA: Whereas, Detective Andrew Kiefer / CCN 287 of the Lauderhill Police Deperiment has this day made oath before me that betwaen the 2161 Day of September, A.D., 2017 and ist Day of December, A.D., 2017, in the county aforesaid, one Wyman Lee Gresham (Age 48) by being eighteen (18) years of age or older, did solicit SINE FIEEEEE (Age 18), a person Af- qa 221H3HS 6 EXHIBIT A lS- TAAPD under sixteen (18) years of age, to commit a lewd or lascivious act, to-wit: lick his lips, stick his tongue out of his mouth and filek it up and down, and touch her on her hips, contrary to F.S. 800.04(6a) and F.S. 800.04(8)(b), IN THE NAME OF THE STATE OF FLORIDA, TO ALL AND SINGULAR THE SHERIFF'S AND CONSTABLES OF THE STATE OF FLORIDA: THE OFFENSES SET FORTH IN THE FOREGOING WARRANT IS CONTRARY TO THE STATUTES IN SUCH CASE MADE AND PROVIDED, AND AGAINST THE PEACE AND DIGNITY OF THE STATE OF FLORIDA, ATTACHED HERETO AND MADE A PART HEREOF BY INCORPORATION IS THE AFFIDAVIT EXECUTED BY DETECTIVE ANDREW KIEFER / CCN 287, AFFIANT HEREIN. THESE ARE, THEREFORE, TO COMMAND YOU FORTHWITH TO ARREST THE SAID Wyman Les Gresham AND BRING HIM BEFORE ME TO BE DEALT WITH ewan ACCORDING TO LAW, GIVEN UNOER MY HAND AND SEAL THIS 21% DAY OF February A.D, 6 5 008. 2018, BOND AMOUNT: COURT} 66 SOND AMOUNT: GOUNT I EXPIRATION DATE: laa | 0 i booomemat WOGE OF THE CIRCU! COURT 06 Filing # 81340784 E-Filed 11/28/2018 03:24:43 PM IN THE CIRCUIT COURT OF THE 17!!! JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY. FLORIDA CASE NO: JANE DOE by and through JANE DOE's Mother as parent and natural guardian Plaintiff. VS. BROWARD COUNTY PUBLIC SCHOOLS. and WYMAN GRESHAM, Defendants. y if COMPLAINT FOR DAMAGES Plaintiff. JANE DOE by and through JANE DOE’S Mother as parent and natural guardian. hereby file this Complaint against Defendants, BROWARD COUNTY PUBLIC SCHOOLS. and WYMAN GRESHAM. and allege as follows: |. This is an action for damages in excess of $15.000.00 exclusive of costs and interest. to 2. JANE DOE, a minor with a date of birth of July 31. 2004. is a resident of Broward County. Florida and is not sui juris by virtue of her minority. JANE DOE’s mother resides with her daughter JANE I)OE in Broward County, Florida and is over the age of 18 and is otherwise swi juris, In this action, Plaintiff is identified by a pseudonym in that this matter concerns the sexual asgault of a minor. COMPOSITE EXHIBIT B we tn 6. 9. At all times material hereto, Defendant. BROWARD COUNTY PUBLIC SCHOOLS, was and is a political subdivision of the State of Florida charged with the responsibility for overseeing and regulating the policies and procedures followed in and throughout the Broward County school system in Broward County. Florida. At all times material hereto. defendant. WYMAN GRESHAM. is an individual residing in Broward County. Florida, over the age of 18. and otherwise sui juris. Plaintiff has complied with all conditions precedent pursuant to Florida Statute 768.28 prior to initiating this lawsuit, Atall times material hereto, JANE DOE. was a thirteen-year-old seventh grade student at Lauderhill 6 - 12 STEM-MED in Lauderhill which is part of the Broward County Public School District. | At all times material hereto. defendant. WYMAN GRESHAM, was an employee of BROWARD COUNTY PUBLIC SCHOOLS and was assigned to be the life skills teacher for JANE DOE. | On multiple occasions during the 2017/2018 school year WYMAN GRESHAM began making inappropriate sexual advances towards JANE DOE. Such behavior included hugging JANE DOE and rubbing his penis against her. He would also make sexual comments about her buttocks add rub the inside of her legs while holding her close to him, COUNT I= NEGLIGENCE AGA INST BROWARD COUNTY PUBLIC SCHOOLS At all times material hereto. W YMAN GRESHAM. was the agent and/or employee of ? i) . At all times material hereto. D . Defendant breached such duty | . Atall relevant times. Defendant. Defendant, BROWARD COUN’ herein, was acting within the cc and in the transaction of the busi owed plaintiff a duty to provide exercise reasonable care in the the plaintiff and to keep her free employees and/or by failing to su | "Y PUBLIC SCHOOLS, and in doing the acts described urse and scope of his authority as agent and employee, ness of the employment or agency. fendant. BROWARD COUNTY PUBLIC SCHOOLS, a safe, secure, and healthful school environment and to upervision of students placed within its care. including rom harm while in its custody and control. by negligently hiring. training, and/or supervising its pervise and/or by negligently supervising plaintiff while in the care and custody of WYMAN GRESHAM. should have known that WYM BROWARD COUNTY PUBLIC SCHOOLS. knew or AN GRESHAM posed a risk or danger of sexual molestation, sexual abuse and/or inappropriate touching to other minor children, including JANE DOE. Specifica gross immorality or an act i ly. in 2009 WYMAN G RESHAM was found guilty of nvolving moral turpitude by the State of Florida Commissioner of Education and was formally reprimanded for previous inappropriate roward County School Board. | sexual behavior with students while employed by The B | Specifically, in March 1998 WYMAN GRESHAM was year-old female student money if she would strip for him ‘ound guilty of offering a 13- and perform sexual acts. He was simply transferred to anothe T r school as a result. found guilty of inappropriately touching a student's hi ~ 3 hen in February 2002 he was p area while making sexual comments and gestures. Asa result of that incident he was suspended for 5 days without pay. | 13. Despite having actual notice |or knowledge of incidents of sexual abuse and/or inappropriate touching of fenaaile minors Defendant. BROWARD COUNTY PUBLIC SCHOOLS. failed to take appropriate action to protect JANE DOE. 14. As a result.) JANE DOE. suffered bodily injury and resulting pain and suffering. disability. disfigurement. mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the Future WHEREFORE, Plaintiff demands judgment against the Defendant for damages according to law together with interest and costs. COUNT 2- BATTERY C 13.On multiple occasions during ne 2017/2018 school year Defendant. WYNMAN | GRESHAM. intentionally hugged JANE DOE and rubbed his penis against her. touched her buttocks and rubbed the inside of her legs while holding her close to him without her consent and knowing that she would regard such conduct as offensive. 16. At all times material hereto. Defehdant acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for Decedent's safety. /As a result. JANE DOE. satfered bodily injury and resulting pain and suffering, disability, disfigurement. mental anguish, loss of capacity for the enjoyment of life. 4 expense of hospitalization. medical and nursing care and treatment. and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future, 18. Due to the nature of the intentional tort, Plaintiff, is entitled to an award of punitive damages. WHEREFORE, Plaintiff demands judgment against the Defendant for damages according lo law together with interest and costs. COUNT 3 - INTENTIONAL INFLICTION OF EMOTIONAL DIST AGAINST WYMAN GRESHAM, 19. The violent and abusive conduct of the Defendant was intentional and/or reckless and in acting in the brutal and oppressive manner that he did. the Defendant knew or should have known that his behavior would likely result in severe emotional distress to JANE DOE. 20. The violent and abusive conduct of the Defendant was outrageous and went beyond all bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community. | 21. The violent and abusive conduct of the Defendant was intended to and did cause agonizing and severe emotional distress to JANE DOE. 22. Avall times material hereto, Defendant acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for Decedent's safety, /As a result, JANE DOE, suffered bodily injury and resulting pain and suffering. disability, disfigurement. mental anguish, loss of capacity for the enjoyment of life. 5 expense of hospitalization. medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. 24. Due to the nature of the intentional tort, Plaintiff. is entitled to an award of punitive damages. WHEREFORE, Plaintiff demands judgment against the Defendant for damages according to law together with interest and costs. DEMAND FOR JURY TRIAL | Plaintiff demands trial by jury as to all issues so triable as a matter of right. DATED: November 28. 2018. WILLIAMS HILAL WIGAND GRANDE Attorneys for Plaintiff(s) 2924 Davie Road, Suite 201 | Ft. Lauderdale. FL 33314 Tel: (954) 639-4561 | Fax: (954) 639-4559 e-mail: chris@thewigandlawfirm.com a BY: . " Christopher Wigand _ Fla. Bar No. 175439 6 Filing # 81344036 E-Filed 1 1/28/2018 03:47:10 PM IN THE CIRCUIT COURT OF THE 177 JUDICIAL CIRCUIT. IN AND FOR BROWARD COUNTY. FLORIDA CASE NO: JANE ROE by and through JANE ROE’s Mother as parent and natural guardian Plaintiff, VS, BROWARD COUNTY PUBLIC SCHOOLS. and WYMAN GRESHAM, Defendants. / t COMPLA INT FOR DAMAGES Plainuff. JANE ROE by and through JANE ROE’S Mother as parent and natural guardian. hereby file this Complaint against Defendants. BROWARD COUNTY PUBLIC SCHOOLS. and WYMAN GRESHAM. and allege as follows: |. This is an action for damages in excess of $15,000.00 exclusive of costs and interest. 2. JANE ROE. a minor with a date of birth of May 24, 2005. is a resident of Broward County, Florida and is not sui juris by virtue of her minority. JANE ROE’s mother resides with her daughter JANE ROE in Broward County. Florida and is over the age of 18 and is otherwise sii juris. In this action, Plaintiff is identified by a pseudonym in that this matter concerns the sexual assault of a minor, te wn 6. At all times material hereto, Defendant. BROWARD COUNTY PUBLIC SCHOOLS, was and Is a political subdivisidn of the State of Florida charged with the responsibility for overseeing and regulating the policies and procedures followed in and throughout the Broward County school system in Broward County. Florida. At all times material hereto. defendant, WYMAN GRESHAM. is an individual residing in Broward County. Florida. over the age of 18, and otherwise sui juris. Plaintiff has complied with all conditions precedent pursuant to Florida Statute 768.28 prior to initiating this lawsuit, Atall times material hereto. JANE ROE. was a twelve-year-old seventh grade student at Lauderhill 6 - 12 SPEM-MED i Lauderhill which is part of the Broward County Public School District. | At all times material hereto. defendant. WYMAN GRESHAM. was an employee of BROWARD COUNTY PUBLIC SCHOOLS and was assigned to be the life skills teacher for JANE ROE. | | On multiple occasions during the 2017/2018 school year WYMAN GRESHAM began | making inappropriate sexual advances towards JANE ROE. Such behavior included grabbing JANE ROE’s buttocks. holding her close to him and telling her that he loved | her, COUNT I~ NEGLIGENCE AGAINST BROWARD COUNTY PUBLIC SCHOOLS 9. At all times material hereto. WYMAN GRESHAM, was the agent and/or employee of Defendant. BROWARD COUNTY PUBLIC SCHOOLS. and in doing the acts described 2 10, . Defendant breached such duty herein, was acting within the course and scope of his authority as agent and employee. and in the transaction of the business of the employment or agency. At all times material hereto, Defendant BROWARD COUNTY PUBLIC SCHOOLS, owed plaintiff a duty to providela safe. secure. and healthful school environment and to exercise reasonable care in the supervision of students placed within its care, including the plaintiff and to keep her free from harm while in its custody and control. by negligently hiring. training. and/or supervising its employees and/or by failing to supervise and/or by negligently supervising plaintiff while in the care and custody of WYMAN GRESHAM. -Atall relevant times, Defendant. should have known that WYM molestation, sexual abuse and/or inappropriate touching to other minor. children. including JANE ROE. Specifica gross immorality or an Commissioner of Education and sexual behavior with students wt Specifically. in March 1998 WY year-old female student money if act it BROWARD COUNTY PUBLIC SCHOOLS. knew or AN GRESHAM posed a risk or danger of sexual ly, in 2009 WYMAN GRESHAM was found guilty of nvolving moral turpitude by the State of Florida was formally reprimanded for previous inappropriate ile employed by The Broward County School Board. JAN GRESHAM was found guilty of offering a 13- she would strip for him and perform sexual acts. He was simply transferred to another school as a result. Then in February 2002 he was found guilty of inappropriately comments and gestures. As a rest touching a student's hip area while making sexual It of that incident he was suspended for 5 days without A o 13 pay. Despite having actual notice or knowledge of incidents of sexual abuse and/or inappropriate touching of female minors Defendant. BROWARD COUNTY PUBLIC SCHOOLS. failed to take appropriate action to protect JANE ROE. -As a result. JANE ROE. suffered bodily injury and resulting pain and suffering. disability. disfigurement. mental anguish, loss of capacity for the enjoyment of life. expense of hospitalization. medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff | will suffer the losses in the future, WHEREFORE, Plaintiff demands judgment against the Defendant for damages according to law together with interest and costs. 16, COUNT 2~ BATTERY CLAIM AGAINST WYMAN GRESHAM. -On multiple occasions during |the 2017/2018 school year Defendant. WYNMAN P 8 | GRESHAM, intentionally hugged JANE ROE, touched her buttocks and held her close to So him without her consent and knowing that she would regard such conduct as offensive. Atall times material hereto, Defendant acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for Decedent's safety. /AS a result, JANE ROE. suffered bodily injury and resulting pain and suffering. disability. disfigurement. mental anguish. loss of capacity for the enjoyment of life. expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff (4 will suffer the losses in the future. 18. Due to the nature of the intentional tort. Plaintiff. is entitled to an award of punitive damages. WHEREFORE, Plaintiff demands judgment against the Defendant for damages according to law together with interest and costs. COUNT 3 - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST WYMAN GRESHAM. 19. The violent and abusive conduct of the Defendant was intentional and/or reckless and in acting in the brutal and oppressive manner that he did. the Defendant knew or should have known that his behavior would likely result in severe emotional distress to JANE ROE. 20. The violent and abusive conduct of the Defendant was outrageous and went beyond all bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community, | 21. The violent and abusive conduct of the Defendant was intended to and did cause agonizing and severe emotional distress to JANE ROE, Ww nN Atall times material hereto, Defendant acted in bad faith or with malicious purpose or in | a manner exhibiting wanton and willful disregard for Decedent's safety. nm ao -As a result. JANE ROE. suffered bodily injury and resulting pain and suffering, disability. disfigurement. mental anguish, loss of capacity for the enjoyment of life. expense of hospitalization. medical and nursing care and treatment. and aggravation of a reviously existing condition. The losses are either permanent or continuing and Plaintiff ) g | g - 5) will suffer the losses in the future. 24, Due to the nature of the intentional tort. Plaintiff, is entitled to an award of punitive damages. | WHEREFORE, Plaintiff demands judgment against the Defendant for damages according to law together with interest and costs. DEMAND FOR JURY TRIAL Plaintiff demands trial by jury as to all issues so triable as a matter of right. DATED: November 28. 2018. WILLIAMS HILAL WIGAND GRANDE Attorneys for Plaintiff(s) 2924 Davie Road. Suite 201 Ft. Lauderdale. FL 33314 Tel: (954) 639-4561 Fax: (954) 639-4559 e-mail: chris@thewigandlawfirm.com ~~ Christopher Wigand Fla, Bar No. 175439 6 RETURN OF SERVICE LETTER, NOTICE and ADMINISTRATIVE COMPLAINT WITH EXHIBITS Case Number: N/A Petitioner: ROBERT W. RUNCIE, Superintendent of Schools, vs. Respondent: WYMAN LEE GRESHAM, For: Anastasia Protopapadakis, Esq. GRAY ROBINSON, P.A. 333 S.E 2nd Ave Suite 3200 Miami, FL 33131 Received by Professional Process Servers on the 20th day of November, 2019 at 9:00 am to be served on WYMAN LEE GRESHAM, 9100 W. ATLANTIC BLVD., APT 632, CORAL SPRINGS, FL 33071. !, Roberto De Lemos, do hereby affirm that on the 20th day of November, 2019 at 4:15 pm, I: INDIVIDUALLY/PERSONALLY served by delivering a true copy of the LETTER, NOTICE and ADMINISTRATIVE COMPLAINT WITH EXHIBITS with the date and hour of service endorsed thereon by me, to: WYMAN LEE GRESHAM at the address of: 9100 W. ATLANTIC BLVD., APT 632, CORAL SPRINGS, FL 33071, and informed said person of the contents therein, in compliance with state statutes. Additional Information pertaining to this Service: 2A: 2020 N.W. 29TH TERRACE, FORT LAUDERDALE, FL 33311 Description of Person Served: Age: 40s, Sex: M, Race/Skin Color: BLACK, Height: 5'9, Weight: 220, Hair: BLACK, Glasses: N | 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. Roberto De Lemos SPS#1114 Professional Process Servers & Investigators, Inc. 1749 N.E. 26th Street, Suite A Wilton Manors, FL 33305 (954) 566-2523 Our Job Serial Number: FIS-2019017931 Copyright © 1992-2019 Database Services, Inc. - Process Server's Toolbox V8 1¢ THE BROWARD COUNTY SCHOOL BOARD, FLORIDA ROBERT W. RUNCIE, Superintendent of Schools, Petitioner, v. WYMAN LEE GRESHAM, Respondent. RESPONDENT’S REQUEST FOR A FORMAL HEARING COMES NOW, the Respondent, WYMAN LEE GRESHAM, by and through the undersigned counsels, and hereby requests a Formal Hearing in response to the administrative complaints filed against the Respondent on or about November 18, 2019. CERTIFICATE OF SERVICE I HEREBY CERTIFY that Respondent’s Request for Formal Hearing was hand delivered to Robert W. Runcie, Superintendents, Broward County School District, 600 S.E. 3" Ave., Fort Lauderdale, FL 33301; and a true copy was mailed/e-mailed to Anastasia Protopapadakis, Esq., Gray Robinson, P.A., 333 S.E. 2" Ave., Suite 3200, Miami, FL 33131, on this 34 day of December, 2019. Respectfully submitted, TRIAL LAWYERS OF FLORIDA 110 East Broward Blvd., Suite 1700 Fort Lauderdale, FL 33301 _ Telephone: (561) 288-8366 Fax: (561) 571-5202 E-mail: eseyvice@trialla _ DAVID CASALS, ESQ Florida Bar No.: 284830 THE BROWARD COUNTY SCHOOL BOARD ROBERT W. RUNCIE, | SUPERINTENDENT OF SCHOOLS, — Petitioner, v. WYMAN LEE GRESHAM, Respondent. / | RESPONDENT’S ANSW E RTO ADMINISTRATIVE COMPLAINT 4. Denied. Respondent is employed as a behavioral specialist 5. Admit. | 6. Denied. 7. Denied that he is a teacher. Admit that he was the boys’ basketball coach. 8. Objection, compound. But admitted to all three allegations as if separately stated. 9. Denied. 10. Denied. 1l. Denied. 12. Denied. 13. Denied. 14. Without knowledge. 15. Without knowledge. Without knowledge. Without knowledge. Without knowledge. Objection, compound. Objection, compound. Objection, compound. Admit. Admit. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Obj ection, compound. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the a But without knowledge as to any of the al legations. legations. But without knowledge as to any of the allegations. But without knowledge as to any of the a But without knowledge as to any of the a legations. legations.. Respondent would require any evidence of any social media accounts made by any of the witnesses. Obj Obj Obj Admit. ection, compound. But without knowledge as to any of the allegations. | ection, compound. But without knowledge as to any of the allegations. ection, compound. But without knowledge as to any of the allegations. 38. 39, 40. 41. 42, 43, 44, 45. 46. 47. 48. 49, 50. 51. 52. 53. 54. Objection, compound. But without knowledge as to any of the allegations. Denied. Admit. Objection, compound. But without knowledge. Respondent would demand any documentation supporting the allegations contained in paragraph 41. Objection, compound. But without knowledge. Respondent would demand any documen- tation supporting the allegations contained in paragraph 42. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 43. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 44, Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 45. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 45. Denied. This not an allegation. Denied. Denied. Denied. Denied. Denied. Denied. Denied. 5S. 56. 57. 58. 59. 60. 61. 62. 63. Denied. Denied. Denied. Admit. Denied. All allegations not specifically admitted are hereby denied or the Respondent is without knowledge. AFFIRMATIVE DEFENSES Without assuming any burden of proof that it would not otherwise bear and reserving the right to assert additional defenses as this matter proceeds, the Respondent asserts the following defenses. | FIRST DEFENSE The Complaint fails to state a claim upon which relief can be granted. SECOND DEFENSE The acts or practices alleged in the Complaint do not cause, and are not likely to cause, sub- stantial injury to Petitioner that is act reasonably avoidable by having Respondent serve as a Behavioral Specialist arid are not outweighed by countervailing benefits to students and par- ents who have expressed support for the Petitioner. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy was provided to Anastasia Protopapadakis, Esq., Gray Robinson, P.A., 333 S.E. 2nd Ave., Suite 3200, Miami, FL 33131, via e-mail to ANASTASIA.PROTOPAPADAKIS@GRAY-ROBINSON.COM, LOURDES.FEDERICI@GRA Y-ROBINSON.COM, DANIESKA.CUAREZMA@GRAY- ROBINSON.COM, on this 3rd day of December, 2019. Respectfully submitted, TRIAL LAWYERS OF FLORIDA 110 East Broward Blvd., Suite 1700 Fort Lauderdale, FL 33301 Telephone: (561) 288-8366 Fax: (561) 571-5202 E-mail: eservice@triallawyerspb.com Alt. E-mail: samantha@triallawyerspb.com /s! . Samantha Oacetana By: J. SAMANTHA VACCIANA, ESQ. Florida Bar No: 921831 /s/ David Casals DAVID CASALS, ESQ Florida Bar No.: 284830 THE BROWARD COUNTY SCHOOL BOARD ROBERT W. RUNCIE, SUPERINTENDENT OF SCHOOLS, Petitioner, v. | WYMAN LEE GRESHAM, Respondent. | / ss RESPONDENT’S ANSWER TO ADMINISTRATIVE COMPLAINT 1. Admit. 2. Admit. 3. Admit. | 4. Denied. Respondent is employed asa behavioral specialist 5. Admit. 6. Denied. 7. Denied that he is a teacher. Admit that he was the boys’ basketball coach. 8. Objection, compound. But admitted to all three allegations as if separately stated. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14, Without knowledge. 15. Without knowledge. 16. 17. 33. 34, 35, 36. 37. Without knowledge. Without knowledge. Without knowledge. Objection, compound. Objection, compound. Objection, compound. Admit. Admit. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. Objection, compound. would require any evidence of any social media accounts made by any of the witnesses. Objection, compound. Objection, compound. Objection, compound. Admit. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. Respondent But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. But without knowledge as to any of the allegations. 38. 39. 40. 41. 42. 43, 44, 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Objection, compound. But without knowledge as to any of the allegations. Denied. Admit. Objection, compound. But without knowledge. Respondent would demand any documentation supporting the allegations contained in paragraph 41. Objection, compound. But without knowledge. Respondent would demand any documen- tation supporting the allegations contained in paragraph 42. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 43. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 44. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 45. Objection, compound. Respondent would demand any documentation supporting the alle- gations contained in paragraph 45, Denied. This not an allegation. Denied. Denied. Denied. Denied. Denied. Denied, Denied. 55. 56. 57. 58. 59. 60. 61. 62. 63. Denied. Denied. Denied. Admit. Denied. All allegations not specifically admitted are hereby denied or the Respondent is without knowledge. AFFIRMATIVE DEFENSES Without assuming any burden of proof that it would not otherwise bear and reserving the right to assert additional defenses as this matter proceeds, the Respondent asserts the following defenses. FIRST DEFENSE The Complaint fails to state a claim pen which relief can be granted. SECOND DEFENSE The acts or practices alleged in the Complaint do not cause, and are not likely to cause, sub- stantial injury to Petitioner that is not reasonably avoidable by having Respondent serve as a Behavioral Specialist and are not outweighed by countervailing benefits to students and par- | ents who have expressed support for the Petitioner. CERT IFICATE OF SERVICE I HEREBY CERTIFY that a true copy was provided to Anastasia Protopapadakis, Esq., Gray Robinson, P.A., 333 S.E. 2nd Ave., Suite 3200, Miami, FL 33131, via e-mail to ANASTASIA.PROTOPAPADAKIS@GRA Y-ROBINSON.COM, LOURDES.FEDERICI@GRAY-ROBINSON.COM, DANIESKA.CUAREZMA@GRAY- ROBINSON.COM, on this 3rd day of December, 2019. | Respectfully submitted, TRIAL LAWYERS OF FLORIDA 110 East Broward Blvd., Suite 1700 Fort Lauderdale, FL 33301 _ Telephone: (561) 288-8366 Fax: (561) 571-5202 E-mail: eservice@triallawyerspb.com Alt. E-mail: samantha@triallawyerspb.com /s/ 3}. Samantha Oacetana By: 2 | J. SAMANTHA VACCIANA, ESQ. | Florida Bar No: 921831 /s/ David Casals DAVID CASALS, ESQ Florida Bar No.: 284830

Docket for Case No: 20-000776TTS