STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PALM BEACH COUNTY CASE NO. SCHOOL BOARD, Petitioner, VS. PAUL LOUD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, PALM BEACH COUNTY SCHOOL BOARD, (hereinafter ““Board”) by and through its undersigned counsel, and hereby files this Administrative Complaint against Respondent, PAUL LOUD (“Respondent”). The Petitioner seeks a suspension of fifteen (15) days without pay and termination of Respondent’s employment with The Palm Beach County School District and respectfully alleges as follows: JURISDICTION AND VENUE 1. The agency is the School Board of Palm Beach County, Florida, located at 3300 Forest Hill Boulevard, West Palm Beach, Florida 33406-5869, Attn: Board Secretary. 2. Donald E. Fennoy, IL, Ed.D. is the duly appointed Superintendent of Schools of Palm Beach County, Florida. The address of the Agency head is: Superintendent of Schools, Palm Beach County School District, c/o JulieAnn Rico, Esquire, 3300 Forest Hill Boulevard, C-331, West Palm Beach, Florida 33406. 3. The Superintendent is statutorily obligated to recommend the placement of school personnel and to require compliance and observance by all personnel of all laws, policies, and directives of the School Board, the State of Florida, and the federal government. Pursuant to § 1012.27(5), Florida Statutes, the Superintendent has the authority to recommend to the School Board of Palm Beach County, Florida that school district employees be suspended and terminated from employment. 4. Paul Loud is an employee of the Palm Beach County School District and who was most recently employed as a teacher on assignment to the Adult Education Center. At all times relative to this Administrative Complaint, he was a teacher at BAK Middle School of the Arts. 5. The last known mailing address of the Respondent is 3530 Gardens East Drive, Apt. A, Palm Beach Gardens, FL 33410. The Respondent was duly notified by letter dated August 20, 2018, of the recommendation for a fifteen (15) day unpaid suspension and termination, a copy of which is attached hereto as Exhibit “A”. 6. The Respondent timely requested an appeal of this disciplinary action, a copy of his request is attached hereto as Exhibit “B”. MATERIAL ALLEGATIONS 7. This recommendation is based upon conduct occurring during the 2017-2018 school year. 8. At all times relevant to this complaint Respondent was a middle school science teacher at BAK Middle School of the Arts (“BAK”) within the Palm Beach County School District. 9. Respondent began his employment with the Palm Beach County School District in 2003. The Respondent is an experienced teacher who has been trained in the proper method of recording student grades, use of the Edline System, the District email system, and responsibilities of proper and timely correspondence with parents. 10. Administration at BAK Middle School issued numerous directives to Respondent regarding his continued failure to fulfill the responsibilities of a teacher. The responsibilities included posting grades on Edline in a timely manner, adhering to student 504 plans, communicating with parents and responding to correspondences. 11. Respondent received many directives addressing the behavior, however, he continued to disregard the directives. 12. Additionally, the assistance of the Peer Assistance and Review (PAR) program was recommended and put in place for Respondent. PREVIOUS DISCIPLINE 13. Mr. Loud has a history of previous discipline for insubordination and failure to follow reasonable school board rules, state regulations and the BAK school handbook as follows: a. May 22, 2017 — Notice of Ten Day Suspension for Ethical Misconduct, Failure to Fulfill Responsibilities of a Teacher, Gross Insubordination: Failure to Follow Policy, Rule, Directive, or Statute. b. November 30, 2016 — Written Reprimand issued by the Director of Professional Standards for violations of School Board Policies: 1. 3.02, Code of Ethics; 2. 1.013, Responsibilities of School District Personnel; 3. 0.01, Commitment to the Student; 4. 3.10, Conditions of Employment with the District; and 5. 6A-10.081, Principles of Professional Conduct for the Education profession in Florida. c. January 26, 2016 — Written Reprimand for insubordination/not following directives, failure to fulfill the responsibilities of a teacher (not posting grades on Edline/lack of communication with parents). d. October 1, 2014 — Written Reprimand for insubordination/not following directives, failure to fulfill the responsibilities of a teacher (not following directive in outlining the syllabus as required). e. August 13, 2014 -— Verbal Reprimand with Written Notation for insubordination/not following directives, failure to fulfill the responsibilities of a teacher (posting grades on Edline and the number of grades posted). ADMINISTRATIVE CHARGE AND VIOLATIONS 14. Petitioner re-alleges and incorporates herein by reference the allegations set forth in paragraphs 1-13 above. 15. Just cause exists for the Respondent to be disciplined by way of a fifteen (15) day suspension without pay and termination pursuant to § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat.; School Board Policies 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees; Article Il, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2) (a) and (b) F.A.C., Misconduct in Office, for the violations stated above; to wit : BS Insubordination/not following directives, failure to fulfill the responsibilities of a teacher when he failed to post grades on Edline or filed to post the number of grades required; Insubordination/failure to answer parent questions w/n 24 hours as directed; Insubordination/not notifying parents when students receive a D or F as directed Insubordination for not submitting records/documents to Principal by due date; Failure to respond to emails from school administration in a timely manner as directed; G. Failure to implement all 504, IEP and EP student plans as written moSas 16. Pursuant to the due process provisions of Florida Statutes § 120.569, 120.57, 120.68, 1012.22 and 1012.27, the School District files this Administrative Complaint for a fifteen (15) day suspension without pay and termination from the School District of Palm Beach County, Florida, for violation of the following: 1. Ethical Misconduct pursuant to School Board Policy 3.02(4)(a), (4)(b), (4)(d), (4)(f), (4)(h), and (4)(G), Code of Ethics; and Rule 6A-10.081(1)(b) and (1)(c), F.A.C., Principles of Professional Conduct for the Education Profession in Florida. 2. Failure to Fulfill Responsibilities of a Teacher pursuant to Rule 6A-10.081(1)(b) and (c); (2)(a)(1), F.A.C., Principles of Professional Conduct for the Education Profession in Florida; School Board Policy 2.34, Records and Reports; School Board Policy 1.013(1) and (4), Responsibilities of School District Personnel and Staff; School Board Policy 0.01(2)(3), Commitment to the Student. 3. Gross Insubordination: Failure to Follow Policy, Rule, Directive, or Statute pursuant to School Board Policy 3.10(6), Conditions of Employment with the District and School Board Policy 1.013(1), Responsibilities of School District Personnel and Staff: 4. Other Supporting Authorities pursuant to School Board Policy 3.27, Suspension and Dismissal of Employees; Rule 6A-5.056, F.A.C. (2) and (4), Criteria for Suspension and Dismissal: Misconduct in Office and Gross Insubordination; and Collective Bargaining Agreement with CTA, Article II, Section M, Discipline of Employees (Progressive Discipline); 17. Violations of the above mentioned School Board Policies and Administrative Rules are prohibited by School Board Policy 1.013(1) which states: It shall be the responsibility of the personnel employed by the district School Board to carry out their assigned duties in accordance to federal laws, rules, state statutes, state board of education rules, school board policy, superintendent’s administrative directives and local school and area rules. 18. The foregoing allegations are the basis for charges upon which the employment of the Respondent may be suspended without pay as set forth in § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat.; School Board Policy 1.013; Responsibilities of School District Personnel and Staff; and School Board Policy 3.27; Suspension and Dismissal of Employees: Article II, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2) and 4, F.A.C., , Misconduct in Office and Gross Insubordination, for the violations stated above. 19. Accordingly, “just cause” exists for the Respondent to be disciplined by way of a fifteen (15) day suspension without pay and termination pursuant to § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat.; School Board Policies 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees; Article I, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2) (a) and (b); (4) F.A.C., Misconduct in Office and Gross Insubordination, for the violations stated above. RELIEF 20. Petitioner repeats and re-alleges each and every allegation contained in paragraphs 1 through 19 as set forth herein. 21. Petitioner requests that this Administrative Law Judge declare that the Respondent’s actions set forth above constitute “just cause” for a fifteen (15) day suspension without pay and termination of Respondent’s employment. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was e-filed via the DOAH eALJ Portal to Nicholas Caggia, Esquire, Counsel for the Respondent at nick@tjlawpa.com and marybeth@tjlawpa.com located at the Law Office of Thomas Johnson, P.A., 510 Vonderburg Drive, Suite 309, Brandon, Florida 33511 on this 19" day of September, 2018. The School Board of Palm Beach County, Florida General Counsel JulieAnn Rico, Esquire 3300 Forest Hill Blvd., Suite C-331 West Palm Beach, FL 33406 Telephone: 561.434.8750 Facsimile: 561.434.8105 jean.middleton@palmbeachschools.org karlene.stevens@palmbeachschools.org By: /s/ Jean Marie Middleton JEAN MARIE MIDDLETON Florida Bar No.147532 Counsel for Petitioner

Docket for Case No: 21-001458TTS