THE BROWARD COUNTY SCHOOL BOARD, FLORIDA ROBERT W. RUNCIE, Petitioner, KRISHNA BOODHOO, 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, Krishna Boodhoo (“BOODHOO”). The Petitioner seeks termination of Respondent’s employment with the Broward County School Board (“School Board”), pursuant to Chapter 120 and Sections 1001.51, 1012.27(5), 1012.33, and 1012.335 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 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 School Board, inclusive of BOODHOO. BOODHOO is an employee of the Broward County School Board and is currently employed as a teacher pursuant to a Professional Service Contract issued in accordance with Section 1012.33, Florida Statutes. The last known address of BOODHOO is 4051 SW 83*¢4 Way, Davie, Florida 33328. II. MATERIAL ALLEGATIONS This recommendation is based upon conduct occurring in the 2019-2020 school year. BOODHOO is a teacher at Riverland Elementary School (hereinafter “Riverland”) where he teaches fifth grade science. On or about August 14, 2007, BOODHOO was hired as an instructional employee. On or about February 26, 2020, a parent of a student at Riverland called school administration and alerted them that BOODHOO had touched her fifth grade daughter’s breasts. Upon receiving this information, the Broward County Public Schools 10. lis Police Department Special Investigative Unit (“SIU”) and Fort Lauderdale Police Department (“FLPD”) commenced their investigation. During the course of this investigation forensic interviews of the student victims were conducted by the Broward County Sexual Assault Treatment Center Child Protection Team where sexual abuse was founded. Victim #1 J.F. Student victim, J.F., reported the following incidents took place in BOODHOO’s classroom: A. BOODHOO reached into her jacket and quickly touched her breast. B. J.F. was standing up when BOODHOO stood beside her and proceeded to “place his hand between her jacket and her shirt and quickly touch her breast.” C.J.F. reported the incident referenced in subparagraph “BY” after BOODHOO forcefully grabbed her arm on another day at school. During the interview, FLPD Officer Alexander noticed bruising and/or marks around J.F.’s inner forearm area, where it was alleged BOODHOO grabbed J.F. D. BOODHOO “placed his private part on her elbow, grabs her hand really hard, and sometimes she feels like crying.” 12. . When asked to identify the private part, J.F. replied “his penis” and that BOODHOO’s penis “felt hard.” . J.F. witnessed BOODHOO touch her best friend, N.H.’s, “upper thigh area near her private part.” Victim #2 S.M. Student victim, S.M., reported the following incidents took place in BOODHOO’s classroom: A. B. BOODHOO forcibly grabbed her wrist and twisted her arm. BOODHOO ran his hand across S.M.’s breasts. . BOODHOO was assisting S.M. with an assignment and while holding an I-Pad in front of her chest, he quickly brushed her breast. . S.M. witnessed BOODHOO touch J.F.’s breasts. . BOODHOO often grabs students by the wrist and twists their arms. . BOODHOO attempted to lower the zipper on S.M.’s sweater but was not able to do so because of a hook. BOODHOO then forcibly lowered the zipper on her sweater causing a scratch on her chest. .S.M. stated reporting the incidents made her feel relieved as she doesn’t have to be afraid to go to school anymore. Victim #3 N.H. 13. Student victim, N.H., reported the following incidents took place in BOODHOO’s classroom: A. BOODHOO placed his hands on her shoulders and legs which made her feel very uncomfortable. . BOODHOO placed his “private part” on her elbow while she was writing at her desk and described feeling something “hard” every time he pressed up against her elbow. . BOODHOO touched the back of her leg near her butt. . BOODHOO touched her face, shoulders, and legs. . BOODHOO forcefully grabbed her arm with one hand and tried to touch her vagina over her clothing with his other hand. Victim #4 G.R. 14. Student victim, G.R., reported the following incidents took place in BOODHOO’s classroom: A. B. G.R. witnessed BOODHOO touch J.F.’s breast area. G.R. demonstrated on her person how BOODHOO would place his hand between J.F.’s sweater and undershirt and touch J.F.’s breasts on top of her clothing. . G.R. witnessed BOODHOO touch S.M.’s breasts. . G.R. witnessed BOODHOO asking student, S.M., to lower the zipper on her sweater. . BOODHOO grabbed G.R.’s hand really hard. Victim #5 M.C. 15. Student victim, M.C., reported the following incidents took place in BOODHOO’s classroom: A. BOODHOO rubbed and touched her back using his hands which made her uncomfortable. B. BOODHOO grabbed her hand really hard and twisted it. C.M.C. witnessed BOODHOO grab J.F.’s arm. D.M.C. witnessed an incident where N.H. had spilled water on the floor. BOODHOO came over to assist N.H. in cleaning up the spilled water on the floor and BOODHOO “grabbed the paper and touched her butt.” E.M.C. demonstrated how BOODHOO cleaned the floor with his right hand while simultaneously running his left hand down N.H.’s side touching her buttocks area. Victim #6 M.A. 16. Student victim, M.C., reported the following incidents took place in BOODHOO’s classroom: A. BOODHOO touched her face and would tap her on the shoulder with a pencil. M.C. remembers when BOODHOO touched her face because his hands were cold. B. BOODHOO would touch other student’s faces. Victim #7 G.H. 17. Student victim, G.H., reported the following incidents took place in BOODHOO’s classroom: 18. 19. 20. A. BOODHOO started touching “our chests making us [the other student victims] feel very uncomfortable.” B. BOODHOO grabbed us by the arms very hard. C. BOODHOO touches only the Hispanic females in the class. D. BOODHOO places his “private part on our elbows making us feel very uncomfortable.” E. BOODHOO touched her “chest near the breast area on top of her clothing .. and would rub his [erect] private part against my elbow.” F.G.H. witnessed BOODHOO touch J.F.’s breasts and buttocks. Of note, G.H.’s older brother, A.H., had taken BOODHOO’s class the year before and stated to law enforcement that BOODHOO was always nice to the female students in the class and A.H. would watch BOODHOO stare at the female students. A.H. stated he warned G.H. about BOODHOO because BOODHOO would stare at the female students in the class for a long time and A.H. feared BOODHOO would do “something bad.” Witness #1 L.A. Student witness, L.A., a male in BOODHOO’s class, reported the following incidents took place in BOODHOO’s classroom: A. L.A. witnessed BOODHOO touching girls on their face and breast area. 21. 22 3 23% 24. B. L.A. witnessed BOODHOO “touch girls under parts, which are their private parts, breasts, and other parts.” C. L.A. stated BOODHOO takes “only girls upstairs” to his classroom during lunch. D. L.A. also stated the touching of girls breasts in the classroom had been ongoing since the start of the school year and J.F. is the one BOODHOO touches the most. E. L.A. witnessed BOODHOO touch girls on their face and breast area. L.A. demonstrated to officers how BOODHOO would rub the girls breasts by making a rubbing motion around the center portion of his chest. DUE PROCESS On or about February 26, 2020, BOODHOO was hand delivered a copy of his investigative report in this matter. On or about December 16, 2020, BOODHOO, along with his representation, attended his Professional Standards Committee meeting where just cause was found for termination. On January 7, 2021, BOODHOO, along with representation, attended his Pre-Disciplinary Conference regarding the recommendation for termination. III. ADMINISTRATIVE CHARGES Petitioner realleges and incorporates herein by reference the allegations set forth in paragraphs one (1) through twenty- three (23), above. 28 x 26. Just cause exists for the requested relief pursuant to Fla. Stat. § 1012.335, Section 6A-5.056 F.A.C., the Respondent’s employment contract, School Board rules, policies, 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: KKK B. “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, Piha Cu ty b) A violation of the Principles of Professional Conduct for the Education Profession 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. Cc. “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity. 1 ie “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; ' Repealed 3-23-16. Now included in 6A-10.081 F.A.C., Principles of Professional Conduct for the Education Profession in Florida. 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. kk* Iv. JUST CAUSE FOR DISCIPLINE A. JUST CAUSE 27. Respondent’s actions constitute just cause to terminate his employment contract. B. MISCONDUCT IN OFFICE 28. Respondent’s actions, as alleged in paragraphs six (6) through twenty-three (23), incorporated herein and by reference, constitute misconduct in office. The Respondent through his above-described conduct, has violated Fla. Stat. § 1012.33 Fla. Stat., and one or more of Rules 6A-5.056(2) (a) through (e) of the Florida Administrative Code, which defines “misconduct”. RULE 6A-10.081 F.A.C., PRINCIPLES OF PROFESSIONAL CONDUCT FOR THE EDUCATION PROFESSION IN FLORIDA 29. Pursuant to the Principles of Professional Conduct for the Education Profession in Florida, KK Florida educators shall? comply with the following disciplinary principles. Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator’s certificate, or the other penalties as provided by law. ? Emphasis added. 30. 31. (a) Obligation to the student requires that the individual: 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. KKK 6. Shall not intentionally violate or deny a student’s legal rights. KKK Cc. INCOMPETENCY Respondent’s actions, as alleged in paragraphs six (6 through twenty-three (23), incorporated herein by reference, constitute incompetency. The Respondent, through his above- described conduct has violated Florida Statute §1012.33 and Rule 6A-5.056(3) (a) of the Florida Administrative Code. His actions show a failure to perform the require duties as a result of inefficiency. (a) “Inefficiency” means one or more of the following: 1. Failure to perform duties prescribed by law; 2is Failure to communicate appropriately with and relate to students; kkk D. SCHOOL BOARD POLICY 4008 Respondent’s actions, as alleged in paragraphs six (6 through twenty-three (23), incorporated herein by reference, are in violation of School Board Policy 4008 titled, 11 32. “Responsibilities and Duties (Principals and Instructional “" Personnel), 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. kkk 3. Infuse in the classroom, the District’s adopted Character Education Traits of Respect, Honesty, Kindness, Self-control, Tolerance, Cooperation, Responsibility and Citizenship. 4. Treat all students with kindness, consideration and humanity, administering discipline in accordance with regulations of the State Board and the School Board; provided that in no case shall cruel or inhuman punishment be administered to any child attending the public schools. kkk 8. Conform to all rules and regulations that may be prescribed by the State Board and by the School Board. KKK 12 DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the School Board formally suspend and terminate the Respondent, Krishna Boodhoo, based upon the foregoing facts and legal authority. EXECUTED this 25% day of January 2021. ROB W. RUNCIE, Superintendent of Schools, Broward County Respectfully submitted: Andrew Brett Carrabis, Esq. Administrative Counsel 13 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 3rd Ave., Ft. Lauderdale, FL, 33301. You may also present a written statement presenting your side of the story and/or reasons why the proposed action should not be taken. 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. THIS HAS BEEN ISSUED AT THE REQUEST OF: Andrew B. Carrabis Esq., (754)321-2050 RECEIVED THIS NOTICE AND ADMINISTRATIVE COMPLAINT ON: - call Tape rer ? is 7 207/ , at “/ ‘7 o'clock, _Ay..m., and served the same on JANN SF 5 20", at [07 o'clock, AV_.m., by delivering a true copy thereof (together with the fee for one day's attendance and the mileage allowed by law*) to: KES tna Lee d Woe K is Brovlun ©/-8? 20a Y17 hee COMPLETE IF SERVED BY SWORN LAW ENFORCEMENT OFFICER Janvary 2F F 202/, at LICE TL o'clock, A _.m. By: HOMAS Cea Title: Dene sie ( $Zv) fo Dt HF tC TAS:

Docket for Case No: 21-000808TTS