19-006520TTS Palm Beach County School Board vs. Debra Turnbull
 Status: Closed
Recommended Order on Wednesday, July 7, 2021.


View Dockets  
Summary: Just cause exists for suspending Respondent without pay for 15 days, but not to skip steps under the progressive discipline doctrine to terminate her employment. She is entitled to back pay and benefits from the time her 15-day suspension would have run.

1S TATE OF F LORIDA

6D IVISION OF A DMINISTRATIVE H EARINGS

13P ALM B EACH C OUNTY S CHOOL B OARD ,

23Petitioner ,

24vs. Case No. 19 - 6520TTS

30D EBRA T URNBULL ,

34Respondent .

36/

37R ECOMMENDED O RD ER

42Pursuant to notice, a formal administrative hearing was conducted before

52Administrative Law Judge ( Ñ ALJ Ò ) Robert S. Cohen of the Division of

67Administrative Hearings ( Ñ DOAH Ò ) on March 23, 2021, by Zoom video

81teleconference .

83A PPEARANCES

85For Petitioner: J ean Marie Middleton, Esquire

92V. Danielle Williams, Esquire

96School District of Palm Beach County

102Office of General Counsel

1063300 Forest Hill Boulevard, Suite C - 331

114West Palm Beach, Florida 33406 - 5869

121For Respondent: Mark S . Wilensky, Esquire

128Dubiner & Wilensky, LLC

1321200 Corporate Center Way, Suite 200

138Wellington, Florida 33414

141S TATEMENT OF T HE I SSUE

148The issue is whether Respondent , Debra Turnbull Ô s ( Ñ Ms. Turnbull Ò or

163Ñ Respondent Ò ), employment with Pet itioner , Palm Beach County School

175Board ( Ñ School Board Ò or Ñ Petitioner Ò ), as an elementary teacher , should be

192terminated , based upon the statements of the nature of the controversy set

204forth in the Joint Second Amended Pre - h earing Stipulation filed by the

218parties.

219P RELIMINARY S TATEMENT

223On October 29, 2019, Donald E. Fennoy, II, Ed.D. , Petitioner Ô s

235s uperintendent ( Ñ Superintendent Ò ) , issued Respondent a Notice of

247Recommendation for Termination from Employment. The letter informed

255Respondent that , at the Scho ol Board Meeting on November 20, 2019, the

268Superintendent would recommend her suspension without pay and

276termination of her employment. The stated basis for the Superintendent Ô s

288action was that just cause existed to warrant Respondent Ô s termination for :

302(1 ) Failure to Exercise Best Professional Judgment ; (2) Gross

312Insubordination ; and (3) Continued Failure to Follow Policy/Rule or

321Directive.

322The letter further informed Respondent that she could appeal by either a

334grievance pursuant to the collective bargai ning agreement ( Ñ CBA Ò ) , or by

349submitting a request for a hearing before DOAH. On November 20, 2019, the

362School Board adopted the Superintendent Ô s recommendations to suspend

372Respondent without pay and to terminate her employment. Respondent

381timely requested an administrative hearing to challenge Petitioner Ô s

391proposed action, and the matter was referred to DOAH to conduct a hearing

404pursuant to sections 120.569 and 120.57(1) , Florida Statutes .

413A Notice of Hearing was entered scheduling a final hearing on Marc h 16

427and 17, 2020. As a result of the onset of the COVID - 19 public health

443emergency, and the granting, for good cause shown, of several joint and

455unopposed continuances, the final hearing was held on March 23, 2021. At

467the hearing, Petitioner presented the testimony of Respondent, Debra

476Turnbull; Principal Scott McNichols; Information Technology ( Ñ IT Ò ) witness

488Gregory York; Vicki Evans - Paré , d irector of Employee and Labor Relations ,

501Palm Beach County Public School District ( Ñ District Ò ); and Emily Goodson , a

516former school teacher at Forest Hill Elementary School ( Ñ Forest Hill Ò ) , via

531deposition testimony. Respondent testified on her own behalf at the hearing

542and called Assistant Principal Sean Higgins as a witness. Petitioner Ô s

554Exhibits 1 through 3, 5 through 22, 24 through 27, 29, and 34 were admitted

569into evidence. Respondent Ô s Exhibits 2, 5, and 10 were admitted into

582evidence.

583A one - volume T ranscript of the final hearing was filed on April 29, 2021,

599and the parties timely filed p roposed r ecommended o rders. Both p roposed

613r ecommended o rders have been duly considered in the preparation of this

626Recommended Order. All references to Florida Statutes are to the version in

638effect at the time of the incidents giving rise to the proposed termination of

652Respondent Ô s em ployment as a teacher.

660On June 29, 2021, prior to this Recommended Order being completed,

671Ms. Turnbull filed Respondent Ô s Notice of Additional Authority regarding an

683arbitration ruling between the Palm Beach County Classroom Teachers

692Association and Petit ioner . Petitioner filed a response, Petitioner Ô s

704O pposition to Respondent Ô s Notice of Additional Authority , on July 1, 2021.

718On July 6, 2021, Respondent filed a Motion to Strike Petitioner Ô s Improper

732Argument. Based upon the undersigned Ô s review of the n ot ice , r esponse , and

748motion to strike , the n otice was not relied upon in the preparation of this

763Recommended Order for the reason that the arbitration ruling, not

773something that the undersigned is even required to accept as precedent,

784relates primarily to a verbal reprimand being untimely issued and not placed

796in the employee Ô s personnel file within 45 days of its issuance. Since the only

812verbal reprimand described in the current matter was not used as a step in

826the progressive discipline of Ms. Turnbull, thi s supplemental authority is not

838directly relevant to the issues before the undersigned and will not be relied

851upon in the findings and conclusions that follow.

859F INDINGS OF F ACT

8641. The School Board is the constitutional entity authorized to operate,

875contro l, and supervise the District. Pursuant to Article IX, section 4(b) of the

889Florida Constitution, and section 1001.32, Florida Statutes, Petitioner has

898the authority to discipline employees pursuant to section 1012.22(1)(f) ,

907Florida Statutes .

9102. Respondent is an experienced teacher who has been trained in the

922proper method of interacting with co - workers and students, exercising best

934professional judgment, and following rules, policies , and directives.

9423. At all times relevant, Respondent was employed with Pe titioner as a

955teacher at Forest Hill and had been assigned there for approximately two

967years , initially serving as a second - grade , dual language teacher .

9794. At all times relevant, Respondent Ô s employment was governed by the

992CBA between the District and the Classroom Teachers Association, School

1002Board p olicies, and Florida law.

10085. Respondent was notified , by a Notice of Recommendation for

1018Termination of Employment, dated and acknowledged by her on October 29,

10292019, that she was being recommended for a 15 - day suspension and

1042subsequent termination due to : (1) Failure to Exercise Best Professional

1053Judgment ; (2) Gross Insubordination ; and (3) Continued Failure to Follow

1063Policy/Rule or Directive , when she screamed and yelled at her students. An

1075Administrative Comp laint, detailing the charges , was served on Respondent,

1085through her attorney , on December 9, 2019.

10926. A few months after being assigned to the dual language class,

1104Respondent was moved to a position in the Forest Hill computer lab, which

1117was part of the fi ne arts rotation for students. As a media specialist,

1131Ms. Turnbull was responsible for checking library books in and out ; helping

1143children find books ; reading aloud with children ; helping students with

1153independent reading ; developing lessons to encourage t he students to interact

1164with media other than books ; and working in a partnership with the home

1177room teachers to support them in special projects and research.

11877. The students Ô homeroom teacher is not present during the media center

1200visit by that teacher Ô s students, and routinely drops the students off at the

1215beginning of the 30 - minute time block, returning to pick them up at the

1230conclusion of the visit.

12348 . On or about April 12, 2019, Ms. Turnbull was working on a project with

1250third and fourth - grade classes . She had been given broad discretion in

1264developing a project for the third and fourth graders to celebrate the

1276Everglades. The project was designed to have the children investigate and do

1288research on various aspects of the Everglades, then produce a proje ct to

1301demonstrate what was learned.

13059 . Ms. Turnbull decided to have each child do some individual research on

1319a topic related to the Everglades , followed by their present ing their findings

1332in a form with which they were comfortable.

134010 . She gathered numer ous books about the Everglades, a video or a DVD

1355to play about the Everglades, and expected that the project would ultimately

1367end up in an Everglades museum that would be displayed in the media

1380center for the rest of the school Ô s students to visit and lear n about the

1397Everglades. She imposed a deadline on the students to have the project

1409completed within three class sessions.

141411. In administering the Everglades project, Ms. Turnbull Ô s intent was

1426that all of the children would research a topic in which they had a true

1441interest. She gave an initial class in how to research and suggested some

1454ideas for project topics . She and the students of each class brainstormed a list

1469of approximately 15 topics that interested the children, which were placed on

1481the board fo r all the children to see.

149012. Ms. Turnbull explained to the students that she would go around the

1503room, so that each student could select the topic on which he or she would

1518like to work, but that no more than four students in each class could work on

1534a si ngle topic , in order to enhance the learning experience for all by having

1549more topics covered.

155213. Ms. Turnbull tallied the number of students who selected each topic,

1564and , once a topic was chosen by four students, subsequent choosing students

1576were redirec ted and limited to the other topics, which were ample for the

1590class sizes.

159214. Once the topics were selected and assigned, the classes brainstormed

1603different types of project presentation s which could be used. Students were

1615able to produce a diorama, an a dvertising poster, a research report , or other

1629methods of presenting their projects. Ms. Turnbull used the same rule, that

1641once four students selected a particular method of presentation, that mode

1652would be closed. Similar to the selection of topics, Ms. T urnbull tallied the

1666number of students who selected each presentation method, and , once a mode

1678was chosen by four students, subsequent choosing students were redirected to

1689other choices .

169215. On April 12, 2019, Ms. Turnbull met with the students from

1704Ms. Go odson Ô s third - grade homeroom class, who were dropped off at the

1720media center for their second project session. As they arrived, Ms. Turnbull

1732directed the students to sit at the media center tables , where she had a

1746whiteboard set up, and she and the student s began to interact and list the

1761various Everglades topics which interested them.

176716. On that day, the students had recently returned from spring break.

1779Ms. Turnbull explained that all teachers know that , after spring break ,

1790students are looking toward s th e end of the school year and are not always

1806focused. She felt that , as s ometimes happens , Ñ they were just not with me

1821that day. Ò They were somewhat uncooperative and talking to each other,

1833rather than listening to what she was saying.

184117. Ms. Turnbull had never had a particular problem with that class. It

1854was one of the classes that she looked forward to seeing because they Ñ had a

1870good time together and got things accomplished. Ò However, on that day, the

1883students were not following the directions she was gi ving them with respect

1896to choosing the topic for their projects and then choosing their mode of

1909presentation for the topic.

191318. Ms. Turnbull gave Ms. Goodson Ô s students specific directions that no

1926more than four people could choose the same project and th at , once there

1940were four students who had selected a particular topic or project , that topic or

1954project was no longer in play , and the next students who chose had to select

1969something else.

197119. The students were not paying attention, and , when somebody tri ed to

1984be the fifth or sixth person to choose the same topic, Ms. Turnbull would

1998again tell the selecting student that there could be no more than four in a

2013grouping and pointed to the board where the students could see four tally

2026marks next to that topic. She would explain that the topic had closed and

2040that something else had to be chosen. Soon thereafter, it would happen again

2053with another student. When she had gone through the entire class , and when

2066the tally marks were totaled, the numbers did n o t match, mean ing that some

2082students had n o t even made their selections .

209220. Gregory York , the IT person assigned to Forest Hill since 2004 or

21052005 , is responsible for fixing all tech nical problems at the school. Mr. York

2119testified that he was in the media center o n April 12, 2019, to discuss a repair

2136issue with Respondent when he heard her yelling and screaming at a student

2149who had raised her hand. Mr. York further testified that he and Ms. Turnbull

2163Ñ got into a little shouting match as well [when he explained why h e could not

2180fix her VCR], so [he] just left. Ò He described Respondent Ô s tone of voice as a

2198Ñ very high - pitched tone. Aggravated. È Loud and upset. Ò He specifically

2212recalled a particular incident with one student as follows:

2221But the one that I kind of recall was with that one

2233particular student when direction was given to

2240raise their hand and when she raised the hand, I

2250guess the answer wasn Ô t good enough and it just

2261got È it wasn Ô t just -- I don Ô t know, I don Ô t know

2279what word to use, but it was just È I just felt like

2292the student was just following directions and it

2300seemed like she just got in trouble for following

2309directions, from me, that Ô s all I Ô m saying .

232121. Mr. York admitted , on cross - examination, that Ñ at the beginning, I

2335don Ô t recall the whole convers ation because I was too focusing [ sic ] with the

2353IT person and then as I -- as we -- as I settled down, that Ô s when I can pretty

2374much hear -- not hear, but I can see the environment and the tone has

2389changed and that Ô s what I remember. Ò He did not remember w hat was being

2406said when he claimed that the tone changed.

241422. Mr. York also remembered, on April 12, 2019, that a student raised

2427her hand to ask a question. He did not recall the entire conversation, but said

2442Ñ it was like an upset conversation and everyth ing and the student just

2456wanted to ask the question and couldn Ô t answer it or whatever... it was just...

2472just the whole ordeal was just loud. Ò

248023. Mr. York said that , after getting yelled at, Ñ to me for following

2494directions, she did not see -- she seemed a little hurt about it or whatever. Ò

2510He claimed to Ñ just remember the incident with the one student in particular,

2524with the student raising their hand and, you know, she was just... It was an

2539incident of her yelling at the kid and, you know, the kid got sad and

2554everything like that. Ò

255824. Although he did not recall in any detail what was said or being done,

2573Mr. York claimed Ñ I just felt like the student was just following directions

2587and it seemed like she just got in trouble for following directions from me,

2601that Ô s all I Ô m saying. Ò He did not know why the student ra i sed her hand or

2623what she said.

262625. O n cross - examination, Mr. York admitted that the hand raising Ñ had

2641something to do with voting, and, like I said, I heard that part and I

2656remember the student ju st following direction, raising their hand and -- ...

2669raising their hand to speak or maybe vote. I remember that part, the

2682students raised their hand and she asked the student go ahead. And when

2695she said what she had to say, it just went bad after that. Ò H e repeated that he

2714was within ten feet of Ms. Turnbull when this exchange took place, but did

2728not recall whether Ms. Turnbull was explaining that there were already too

2740many students who had made th e particular selection .

275026. Also on cross - examination, aft er having his memory refreshed with his

2764prior written statement and deposition testimony, Mr. York admitted that

2774while he did not recall what Ms. Turnbull was Ñ yelling Ò at the kids, he

2790recalled her yelling or screaming at Assistant Principal Higgins about books .

280227. Ms. Turnbull testified that she was not yelling at the children. She

2815admitted that the situation was getting a bit annoying and that , as time went

2829by , and the same situation kept occurring over and over, she became what

2842she termed , Ñ a little bit more stern. Ò On cross - examination, Ms. Turnbull

2857conceded that she has a loud voice and that sometimes people misinterpret a

2870loud voice or enthusiasm as raising her voice. She explained that she was Ñ a

2885New Yorker, Ò ha ving a style and express ing herself in a way that some

2901consider Ñ loud, animated, excited and boisterous. Ò

290928. Because the media center door is kept locked, teachers returning

2920for their students typically knock on the door. Ms. Goodson did not knock

2933on the door, but was somehow let into the medi a center, although she did

2948not immediately ask for her students to leave the media center while

2960Ms. Turnbull continued to work with them. Ms . Turnbull could not recall how

2974long Ms. Goodson observed her students in the media center. Ms. Goodson

2986recalled and estimated being in the media center for about 30 minutes.

299829. Ms. Goodson waited in the media center as Ms. Turnbull continued

3010beyond the allotted class time with her students. Eventually, Ms. Goodson

3021indicated that she had to return to her classroom with her students. There

3034was a brief discussion between Ms. Turnbull and Ms. Goodson as the class

3047was leaving. Ms. Turnbull asked Ms. Goodson if she would spend time in her

3061classroom having the students choose topics and methods of presentation, as

3072she had obs erved that those matters were not completed in the media center

3086that day. Ms. Goodson , she testified, responded that Ñ they are a low class. Ò

310130. Ms. Turnbull assumed Ms. Goodson was refer ring to academic ability,

3113and responded that , even if they are low, t his was n o t an academic exercise,

3130but was rather a situation of making a choice and following directions.

3142Neither teacher was yelling; instead, they were speaking quietly, because the

3153children were in close proximity to them . Ms. Goodson had never discusse d

3167her students Ô academic level with Ms. Turnbull until that day. Ms. Turnbull

3180never thought of the class as a Ñ low class. Ò She would have approached the

3196lesson differently had Ms. Goodson advised that she believed her class was

3208incapable of following two - s tep or three - step directions. Ms. Turnbull felt that

3224Ms. Goodson spoke about her students as a Ñ low class Ò in an effort to explain

3241or excuse their behavior that day .

324831. When asked about the allegation that she yelled at Mr. Higgins when

3261he was in the medi a center while Ms. Goodson and her class were present

3276that same day, Ms. Turnbull testified that , since he w as an a ssistant

3290p rincipal, she considered Mr. Higgins to be her boss. She would never yell at

3305him , she testified . Ms. Turnbull felt that Mr. Higgins was someone to whom

3319she could talk, and had she thought that he did something wrong with a

3333book, she would have spoken with him. She did not recall any interaction

3346with Mr. Higgins that day, or even that Mr. Higgins was in the room.

336032. In her deposition testimony, Ms. Goodson recalled that , at some point ,

3372Mr. Higgins was in the media center. She recalled Ms. Turnbull Ñ went off for

3387a couple minutes on him, saying next time do this, this and this. That Ô s not

3404how we do it here, something like that. Ò

341333. Mr. Higgins testified during Ms. Turnbull Ô s case. He knows

3425Ms. Turnbull and was familiar with this case. Mr. Higgins was aware that he

3439had been identified as having been present in the media center during the

3452alleged incident of April 12, 2019. He testified th at he did not recall any

3467incident that took place with Ms. Turnbull. He provided a statement during

3479the investigation at a time shortly after the alleged incident wherein he

3491stated that he did not hear anything from Ms. Turnbull on that date. He

3505recalled b eing asked by Mr. York to assist with repairing the VCR.

351834. Mr. Higgins testified that Ms. Turnbull did not yell at him.

3530Mr. Higgins said that he was not the type of person who would accept being

3545yelled at without taking some action since he is the a ssist ant p rincipal and

3561Ms. Turnbull is a media specialist. Mr. Higgins testified that he Ñ returned

3574the book, kind of finished the tech issue with work and walked out. Ò

3588Mr. Higgins did not witness any yelling, screaming , or anything like that.

360035. Similarly, Ms. Turnbull did not recall any interaction with Mr. York

3612on that day, although she recalled that some time before that day she had

3626asked Mr. York to remove a cassette that had gotten stuck in her VCR. She

3641conceded that , although she did not recall him being there, he could have

3654been in the media center on that date.

366236. Ms. Turnbull recalled the student Mr. York mention ed in his

3674testimony , although she did not recall her name. The student had a physical

3687exceptionality and used an assistive device to walk. Ms. Turnbull was not

3699aware of the student having any intellectual exceptionality. Like Mr. York,

3710she did not observe the student cry ing at any point, and testified that she did

3726not observe her upset or with a quivering lip. Ms. Turnbull did not intend to

3741disp arage or embarrass the student.

374737. Scott McNichols is the p rincipal at Forest Hill. He testified that

3760homeroom teacher Ms. Goodson reported an incident with Ms. Turnbull.

3770Mr. McNichols had Ms. Goodson complete a witness statement. When

3780Ms. Goodson provide d the statement, Mr. McNichols contacted the school

3791district labor relations department. Mr. McNichols spoke to no other

3801witnesses about the matter.

380538. In general, classes at Forest Hill were heterogeneous with all different

3817kinds of students mixed togeth er. Ms. Goodson Ô s class was not an e xceptional

3833s tudent e ducation ( Ñ ESE Ò ) class . She had some students with Individual

3850Education Plans Ñ (IEPs Ò ) , and some without. The level of the students in

3865Ms. Goodson Ô s class was not advertised to the public. A teacher o n the art

3882wheel would only know whether Ms. Goodson Ô s class had ESE students if the

3897ESE contact informed her. Mr. McNichols had no way to know whether the

3910ESE contact informed a teacher as to the existence and nature of a student Ô s

3926IEP. Ms. Turnbull specif ically testified that the ESE contact never informed

3938her of such matters concerning Ms. Goodson Ô s class.

394839. Ms. Vicki Evans - Paré is the d irector of Employment and Labor

3962Relations for the District. She has held that position for a little over two

3976years and is responsible for handling the CBA and employee discipline, along

3988with other duties. With regard to employee discipline, it is her office that

4001investigates and maintains discipline files. After consultation with the

4010Superintendent regarding his decision as to employee discipline, her office is

4021responsible for drafting the notice of recommendation to the employee that

4032the S uperintendent signs.

403640. With regard to Respondent Ô s case, Ms. Evans - Paré testified that she is

4052familiar with Ms. Turnbull Ô s discipline file. As a records custodian for

4065Petitioner, she provided clear and uncontroverted testimony with regard to

4075the CBA Ô s provisions for progressive discipline and skipping steps when there

4088is either an immediate danger to the health, safety , and welfare of s tudents

4102or district and/or a flagrant and purposeful violation of the rules. As the

4115d irector , she makes recommendations regarding discipline to the

4124Superintendent , and she found that Ms. Turnbull had a history of making

4136inappropriate comments to students a nd acting inappropriately and had

4146previously been given warning s and reprimands ; such that , skipping steps, to

4158suspension, was warranted given that prior discipline was not having an

4169effect at all on Respondent Ô s behavior.

417741. Ms. Evans - Paré further testif ied as to the past practice under the CBA

4193relat ing to the use of a verbal reprimand with written notation relative to

4207notice of previously given directives. The CBA refers to the personnel file in

4220Article II , Section B , under Rights and Responsibilities. I n that provision, it

4233states that Ñ no item can be used to the detriment of an employee unless it is a

4251part of his/her personnel file. Ò The two verbal reprimands that were offered

4264into evidence were not being offered for progressive discipline purposes, but

4275as allowed under Article II , Section M - Discipline of Employees , as follows:

42885. Only previous disciplinary actions which are a

4296part of the employee Ô s personnel file or which are a

4308matter of record as provided in paragraph #7 below

4317may be cited.

4320* * *

43237. Except in cases which clearly constitute a real

4332and immediate danger to the District, a District

4340employee, and/or a child/children or the

4346actions/inactions of the employee clearly constitute

4352flagrant or purposeful violations of reasonable

4358school r ules and regulations, progressive discipline

4365shall be administered as follows:

4370a. Verbal Reprimand with a Written Notation -

4378Such written notation shall not be placed in the

4387employee Ô s personnel file maintained at the District

4396headquarters, but will be pl aced in a file at the

4407school/department and shall not be used to the

4415further detriment of the employee after twelve (12)

4423months of the action/inaction of the employee which

4431led to the notation. The written notification shall be

4440maintained at the school sit e/department pursuant

4447to the District Ô s Records Retention Schedule.

445542. Under the discipline section, the verbal reprimands are certainly a

4466matter of record that is permitted to be cited to, and the phrase Ñ to the

4482detriment of the employee Ò that is in the section regarding the personnel file ,

4496was not included. The terms in the CBA regarding the verbal reprimand and

4509personnel file are not ambiguous. Therefore, they must be given their

4520ordinary meaning. Rivercrest Cm ty . Ass Ô n, Inc. v. Am . Homes 4 Rent Props .

4538One, LLC , 298 So. 3d 106, 111 (Fla. 2d DCA 2020).

454943. Respondent acknowledged that she was trained in the Code of Ethics

4561and that she had received previous directives regarding appropriate

4570interaction with students, failure to exercise best professional j udgment , and

4581insubordination. She further acknowledged that she had received the

4590allegations against her in the p re - determination notice and packet.

4602Respondent has a prior disciplinary history.

460844. Respondent received a Written Reprimand on or about Febru ary 24,

46202004, while working at Addison Mizner Elementary School, for Ñ actions

4631that violated the Code of Ethics, Sections 2(a) and (e). Ò At the time,

4645Respondent inappropriately addressed five students ( three ESE students,

4654one Ñ 504 Ò student, and a Ñ regular Ò education student) when she Ñ withheld the

4671Valentine Ô s Day classroom party Ò for Ñ talking, Ò for Ñ forgetting materials , Ò and

4688for Ñ being off task. Ò

469445. Respondent received a Written Reprimand on or about June 5, 2014,

4706from the Office of Professional Standards at the District for violations of

4718School Board policies: 5.002, Prohibition of Bullying and Harassment;

47273.02, Code of Ethics; 3 .01 , Commitment to the Student, Principle I; and

47401.013 , Responsibilities of School District Personnel and Staff; as well as

4751Flori da Administrative Code Rules 6A - 10.080, Code of Ethics for the

4764Education Profession in Florida , and 6A - 10.081, Principles of Professional

4775Conduct f or the Education Profession in Florida. At the time, Respondent

4787Ñ allowed the students to publicly assess thei r peers, deciding which students

4800were creating a distraction, and which students were Ó hard - working .ÔÒ

4813Respondent also Ñ segregated ÔÔ the students by sitting the Ñ distracting Ò

4826students in the back and also disparaging a student in front of the class ÓÓ by

4842su ggesting that he should have learned certain skills when he was in

4855kindergarten. Ò

485746. Respondent received a Written Reprimand on or about May 21, 2018,

4869from the Office of Professional Standards at the District for Ñ [failing] to

4882exercise [her] best professi onal judgment, ethical misconduct, inappropriate

4891interaction with students, and for failure to follow policy, rule, or directive. Ò

4904At the time, Ms. Turnbull said Ñ shut up Ò and Ñ stupid Ò during work hours , and

4922the students said they perceived it as being dir ected at them. Later on,

4936during the Pre - Determination Meeting (PDM), Ms. Turnbull stated, Ñ The

4948District can go to hell , Ò while school administration recalled her saying Ñ You

4962go to hell. Ò

496647. Respondent received a Verbal Reprimand (Written Notation) on or

4976a bout April 17, 2019, while working at Forest Hill, for her unprofessional

4989conduct towards employees during duty hours and for failing to exercise her

5001best professional judgment. At the time, an employee borrowed a S harpie

5013from Ms. Turnbull Ô s desk. Responde nt reacted by addressing the employee Ñ in

5028a rude and confrontational manner Ò in the presence of Ñ students and

5041volunteers. Ò Later , Respondent Ñ went after [the employee] again, continued

5052berating her (disrespecting the personal space between both of [them]), and

5063even mocked her. Ò

506748. The District Ô s process for determining the discipline to be imposed on

5081Ms. Turnbull in this matter went through Ms. Evans - Paré, the d irector of

5096Employee and Labor Relations for the District. She testified about the

5107practices of h er d epartment and that Ms. Turnbull had received letters and

5121notices of hearing, reassignments within the D istrict , and a copy of the

5134investigative report, which was prepared by another individual, who did not

5145testify in the case.

514949. Ms. Evans - Par é testif ied that progressive discipline begins with a

5163Verbal Reprimand with Written Notation for teachers. It then goes to

5174Written Reprimand, suspension of any number of days, and then to

5185termination. She believes that the employer can Ñ jump steps Ò and that the

5199C B A permitted that practice when there was Ñ a real and immediate danger to

5215the District, to students, to faculty, to adults, and then also if it Ô s a flagrant

5232and purposeful violation of the rules. Ò She explained that steps were skipped

5245in this case

5248because o f the nature of the allegation.

5256Additionally, that it was a flagrant and purposeful

5264violation. This is something that has been going on

5273for years with making inappropriate comments to

5280students, acting inappropriately. So [,] at a certain

5289point you just move forward and progressive

5296discipline, you can jump steps because the

5303warnings, the other reprimands, they weren Ô t

5311having any effect at all. And it was continually

5320doing harm to students.

532450. Ms. Evans - Par é testified that the purpose of progressive discipli ne ,

5338and all the notices referenced in her testimony , is to ensure that the

5351employee be told that an action is wrong and that the employee is not to

5366repeat it, and to provide the opportunity to adjust his or her behavior

5379accordingly. She admitted that its p urpose was to give a person the

5392opportunity to be advised that particular conduct was wrong and , therefore ,

5403be able to avoid it in the future.

541151. In her testimony, Ms. Evans - Par é stated that the recommendation of

5425D istrict administrators that went to the S chool Board in this case was for

5440termination. She recommended termination, based on the fact that

5449statements made by Respondent were to disabled ESE students, and what

5460she termed the number of statements calling them Ñ stupid Ò and Ñ slow. Ò

5475Ms. Evans - Par é cla imed that Ms. Turnbull Ñ did them over and over. Enough

5492is enough. Ò

549552. Notwithstanding that testimony, Ms. Evans - Par é testified that only

5507the School Board can suspend a teacher without pay. On cross - examination ,

5520she made it clear that pursuant to Florida S tatutes, the ultimate decision

5533maker concerning employee discipline, even beyond herself, is the

5542S uperintendent, and then , beyond him, the School Board . She did not testify

5556as to any formal action taken by the School Board in this case and did not

5572referenc e or provide any document which set forth any action by the School

5586Board.

5587C ONCLUSIONS OF L AW

55925 3. DOAH has jurisdiction over the subject matter and the parties to this

5606action pursuant to sections 120.569, 120.57(1), and 1012.33(6)(a).

561454. In accordance wit h the provisions of article IX, section 4(b) of the

5628Florida Constitution, district school boards have the authority to operate,

5638control, and supervise all free public schools in their respective districts and

5650may exercise any power except as expressly proh ibited by the state

5662constitution or general law. A school board Ô s authority extends to personnel

5675matters and includes the power to suspend and dismiss employees.

5685§§ 1001.32(2), 1001.42(5), 1012.22(1)(f), and 1012.23(1), Fla. Stat.

569355. In Florida, the distr ict superintendent has the authority to make

5705recommendations for dismissal of school board employees, and the school

5715boards have the authority to suspend, without pay, school board instructional

5726staff with professional service contracts for Ñ just cause. Ò § § 1001.42(5),

57391012.22(1)(f), and 1012.33(6)(a), Fla. Stat.

574456. Ordinarily, when a s chool b oard seeks to terminate a r espondent Ô s

5760employment, the s chool b oard bears the burden of proving the allegations in

5774its n otice of s pecific c harges by a preponderance o f the evidence. See McNeill

5791v. Pinellas Cty. Sch. Bd. , 678 So. 2d 476 (Fla. 2d DCA 1996); Allen v. Sch. Bd.

5808of Dade Cty. , 571 So. 2d 568, 569 (Fla. 3d DCA 1990); and Dileo v. Sch. Bd. of

5826Dade Cty. , 569 So. 2d 883 (Fla. 3d DCA 1990). However, where, as here , the

5841School Board has agreed through collective bargaining to a more demanding

5852evidentiary standard, it must act in accordance with the applicable contract.

5863See Chiles v. United Faculty of Fla. , 615 So. 2d 671, 672 - 73 (Fla. 1993); Palm

5880Beach Cty . Sch . Bd. v. Zedrick Barber , Case No. 15 - 0047 (Fla. DOAH Aug. 31,

58982015; PBCSB Oct. 13, 2015).

590357. Article II, Section M of the applicable C BA , of which th e undersigned

5918has taken official recognition , provides that Ñ disciplinary action may not be

5930taken against an em ployee except for just cause, and this must be

5943substantiated by clear and convincing evidence which supports the

5952recommended disciplinary action. Ò Id .

595858. The School Board Ô s burden here , accordingly, is to prove the facts

5972alleged as grounds for suspending and terminating Ms. Turnbull by clear and

5984convincing evidence. Regarding that standard of proof, in Slomowitz v.

5994Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983), the court developed a

6008Ñ workable definition of clear and convincing evidence Ò and found that of

6021necessity such a definition would need to contain Ñ both qualitative and

6033quantitative standards. Ò The court held that:

6040[C] lear and convincing evidence requires that the

6048evidence must be found to be credible; the facts to

6058which the witnesses testify must be distinctly

6065remembered; the testimony must be precise and

6072explicit and the witnesses must be lacking in

6080confusion as to the facts in issue. The evidence

6089must be of such weight that it produces in the mind

6100of the trier of fact a firm belief or conviction,

6110w ithout hesitancy, as to the truth of the allegations

6120sought to be established.

6124Id .

612659. The Florida Supreme Court later adopted the Slomowitz court Ô s

6138description of clear and convincing evidence. See In re Davey , 645 So. 2d 398,

6152404 (Fla. 1994). The First District Court of Appeal also has followed the

6165Slomowitz test, adding the interpretive comment that Ñ [a]lthough this

6175standard of proof may be met where the evidence is in conflict, È it seems to

6191preclude evidence that is ambiguous. Ò Westinghouse Elec. Corp . v. Shuler

6203Bros., Inc. , 590 So. 2d 986, 988 (Fla. 1st DCA 1991), rev. denied, 599 So. 2d

62191279 (Fla. 1992) ( footnote omitted).

622560. The instructional staff member Ô s guilt or innocence is a question

6238of ultimate fact to be decided in the context of each alleg ed violation.

6252McKinney v. Castor , 667 So. 2d 387, 389 (Fla. 1st DCA 1995); Langston v.

6266Jamerson , 653 So. 2d 489, 491 (Fla. 1st DCA 1995).

627661. The S uperintendent is statutorily obligated to require compliance and

6287observance by all personnel of all laws, pol icies, and directives of the School

6301Board, the State of Florida, and the federal government. Pursuant to

6312section 1012.27(5), the Superintendent has the authority to recommend to the

6323School Board that an employee of the School Board be suspended and

6335termina ted from employment. Only the School Board can ultimately suspend

6346a teacher without pay:

6350(f) Suspension, dismissal, and return to annual

6357contract status . -- The district school board shall

6366suspend, dismiss, or return to annual contract

6373members of the instruc tional staff and other school

6382employees; however, no administrative assistant,

6387supervisor, principal, teacher, or other member of

6394the instructional staff may be discharged, removed,

6401or returned to annual contract except as provided

6409in this chapter.

6412§ 1012 .22(1)(f), Fla. Stat.

641762. The record in this case establishes that there is just cause to suspend

6431Respondent from teaching without pay in support of the first charged

6442violation, Inappropriate Interaction with Student(s), in violation of the

6451following Schoo l Board p olicies:

6457a. School Board Policy 3.02(5)(a)(ii), Code of Ethics

6465- - Exposing a student to unnecessary

6472embarrassment or disparagement ;

6475b. School Board Policy 3.02(4)(d), Code of Ethics --

6484To treat all students and individuals with respect

6492and to str ive to be a fair person ;

6501c. School Board Policy 3.02(4)(e) , Code of Ethics --

6510To create an environment of trust, respect and non -

6520discrimination, by not permitting discriminatory,

6525demeaning or harassing behavior to students or

6532colleagues ;

6533d. 6A - 10.081(2) (a)1 . , F.A.C., Principles of

6542Professional Conduct for the Education Profession

6548in Florida -- Shall make reasonable effort to protect

6557the student from conditions harmful to learning

6564and/or to the student Ô s mental and/or physical

6573health and/or safety ; and

6577e. 6A - 10.081(2)(a)5 . , F.A.C., Principles of

6585Professional Conduct for the Education Profession

6591in Florida -- Shall not intentionally expose a

6599student to unnecessary embarrassment or

6604disparagement .

660663. School Board Policy 3.02 specifically advises employees that a

6616violation of th e C ode of Ethics may result in administrative discipline action,

6630up to and including suspension or dismissal :

66382. Application and Enforceability:

6642This Code of Ethics applies to all Board Members

6651and employees and extends to guests, invitees, and

6659volunteers while they are on District Property or

6667are participating in District - related events.

6674Violations of this Code of Ethics may result in

6683administrative or disciplinary action, up to and

6690including suspension, dismissal, or other actions as

6697required by law. This Code may apply when the

6706conduct of the employee occurs on or off District

6715Property, at a school sponsored event or non - school

6725sponsored event.

672764. On or about October 31, 2018, Respondent electronically signed the

6738Code of Ethics Acknowledgement Receipt, indicating that she completed the

6748mandatory annual Code of Ethics training and agreed to comply with School

6760Board Policy 3.02, Code of Ethics, throughout her employment.

676965. The record in this case establishes that there is just ca use to impose

6784discipline on Respondent Ô s employment as a teacher in support of the second

6798charged violation, Failure to Exercise Best Professional Judgment , is in

6808violation of the following School Board Policies:

6815a. School Board Policy 3.02(4)(a), Code of Ethics --

6824To provide the best example possible; striving to

6832demonstrate excellence, integrity and responsibility

6837in the workplace;

6840b. School Board Policy 3.02(4)(b), Code of Ethics --

6849To obey local, state and national laws, codes and

6858regulations;

6859c. Sc hool Board Policy 3.02(4)(f), Code of Ethics --

6869To take responsibility and be accountable for his or

6878her actions or omissions;

6882d. School Board Policy 3.02(4)(j), Code of Ethics - -

6892To create an environment of trust, respect and non -

6902discrimination, by not permitting discriminatory,

6907demeaning or harassing behavior of students or

6914colleagues;

6915e. 6A - 10.081(1)(b), F.A.C., Principles of Professional

6923Conduct for the Education Profession in Florida --

6931The educator Ô s primary professional concern will

6939always be for the student and for the development

6948of the student Ô s potential. The educator will

6957therefore strive for professional growth and will

6964seek to exercise the best professional judgment and

6972integrity; and

6974f. 6A - 10.081(1)(c), F.A.C., Principles of Professional

6982Conduct for the Education Profession in Florida --

6990Aware of the importance of maintaining the respect

6998and confidence of one Ô s colleagues, of students, of

7008parents, and of other members of the community,

7016the educator strives to achieve and sustain the

7024highes t degree of ethical conduct.

703066. The record in this case establishes that there is just cause to impose

7044discipline on Respondent Ô s employment as a teacher in support of the third

7058charged violation . Gross Insubordination: Continued Failure to Follow Policy ,

7068Rule or Directives , is a violation of the following School Board Policies:

7080a. School Board Policy 3.10(6) - - The District

7089requires its employees to carry out their

7096responsibilities in accordance to School Board

7102Policy 1.013 (as may be amended), their job

7110descriptions and reasonable directives from their

7116supervisors that do not pose an immediate serious

7124hazard to health and safety or clearly violate

7132established law or policy .

7137b. School Board Policy 1.013(1) -- It shall be the

7147responsibility of the person nel employed by the

7155district board to carry out their assigned duties in

7164accordance with federal laws, rules, state statutes,

7171state board of education rules, school board policy,

7179superintendent Ô s administrative directives and

7185local school and area rules.

719067. Respondent Ô s counsel has made a major part of his argument that

7204various documents that were contained in Ms. Turnbull Ô s employee file are

7217hearsay and should not be considered when determining the proof of the

7229matters asserted that happened in the media center on April 12, 2019. He is

7243correct that many notes and other documents are hearsay that was

7254unsupported by the author of the statements or were not shown to fall within

7268an exception to the hearsay rule. The undersigned, however, employing the

7279progres sive discipline doctrine employed by the District through its CBA,

7290finds that Ms. Turnbull Ô s actions in the media center, as well as her history of

7307discipline as evidenced by formal reprimands she received in the past,

7318support the imposition of discipline here. What remains for discussion is the

7330extent and duration of such discipline.

733668. The CBA between the parties contains a provision for progressive

7347discipline as follows, in pertinent part:

7353ARTICLE II RIGHTS AND RESPONSIBILITIES

7358* * *

7361SECTION M Ï Discipline of Employees

7367(Progressive Discipline)

73691. Without the consent of the employee and the

7378Association, disciplinary action may not be taken

7385against an employee except for just cause, and this

7394must be substantiated by clear and convincing

7401evidence , which supports the recommended

7406disciplinary action.

7408* * *

74115. Only previous disciplinary actions which are a

7419part of the employee Ô s personnel file or which are a

7431matter of record as provided in paragraph #7 below

7440may be cited.

74436. Where just ca use warrants such disciplinary

7451action(s) and in keeping with provisions of this

7459Section, an employee may be reprimanded verbally

7466with written notation, reprimanded in writing,

7472suspended without pay or dismissed upon the

7479recommendation of the immediate supe rvisor to the

7487Superintendent. Other disciplinary actions(s) may

7492be taken with the mutual agreement of the Parties.

75017. Except in cases which clearly constitute a real

7510and immediate danger to the District, a District

7518employee, and/or a child/children or th e

7525actions/inactions of the employee clearly constitute

7531flagrant or purposeful violations of reasonable

7537school rules and regulations, progressive discipline

7543shall be administered as follows:

7548a. Verbal Reprimand with a Written Notation -

7556Such written notati on shall not be placed in the

7566employee Ô s personnel file maintained at the District

7575headquarters, but will be placed in a file at the

7585school/department and shall not be used to the

7593further detriment of the employee after twelve (12)

7601months of the action/ina ction of the employee which

7610led to the notation. The written notification shall be

7619maintained at the school site/department pursuant

7625to the District Ô s Record Retention Schedule.

7633b. Written Reprimand - A written reprimand may

7641be issued to an employee when appropriate in

7649keeping with provisions of this Section. Such

7656written reprimand shall be dated and signed by the

7665giver and the receiver with provisions of Article II,

7674Section B of this Agreement.

7679c. Suspension Without Pay - A suspension without

7687pay may b e issued to an employee, when

7696appropriate, in keeping with provisions of this

7703Section, including just cause and applicable laws.

7710The length of the suspension also shall be

7718determined by just cause as set forth in this

7727Section. The notice and specifics of t he suspension

7736without pay shall be placed in writing, dated and

7745signed by the giver and the receiver of the

7754suspension. The specific days of suspension will be

7762clearly set forth in the written suspension notice

7770which shall be filed in the affected employee Ô s

7780personnel file in keeping with provisions of

7787Article II, Section B of this Agreement.

7794d. Dismissal - An employee may be dismissed

7802(employment contract terminated) when

7806appropriate in keeping with provisions of this

7813Section, including just cause and ap plicable laws.

782169. In light of Respondent Ô s disciplinary history, the next step of

7834discipline , under Article 17 of the CBA, would be suspension without pay.

7846Ms. Evans - Paré testified, accurately, that the CBA allows for skipping steps

7859in progressive discip line where the employee Ô s actions are deemed to be

7873flagrant or purposeful violations of reasonable school rules and regulations or

7884clearly constitutes a real and immediate danger to the health, safety , and

7896welfare of the students , a District employee, or t he District .

790870. Beginning with the Administrative Complaint filed in this matter ,

7918continuing through discovery , and culminating with the final hearing , scant,

7928if any, allegations were set forth to demonstrate that Ms. Turnbull Ô s actions

7942throughout her te nure as an instructional employee of the District ever rose

7955to where her conduct Ñ clearly constitute[d] a real and immediate danger to

7968the District, Ò as set forth in the CBA. Moreover, with the increased

7981requirement in this District that the specific charg es brought against

7992instructional personnel must be proven by clear and convincing evidence

8002(rather than, as in most school districts, a preponderance of the evidence),

8014Petitioner has fallen short here of proving that Respondent Ô s employment

8026should be termi nated.

80307 1 . However, b ased upon Ms. Turnbull Ô s prior disciplinary history and the

8046handling of matters witnessed on April 12, 2019, when she raised her v oice

8060and made direct or implied insults to the students in her c are that day and to

8077the IT employee, Mr. York, the next level of progressive discipline is

8089warranted, namely, a suspension without pay. This is further supported by

8100an additional V erbal R eprimand (written notation) on April 17, 2019, not

8113even a week following the most recent one leading to this m atter coming

8127before DOAH. While Respondent clearly needs to remedy the perception or

8138reality that her actions can be explained by the fact that she is a Ñ loud Ò

8155person, she must take responsibility for the fact that her past transgressions

8167have all related to personal interactions with colleagues and students. Her

8178actions on April 12, 2019 , however, d id not rise to the level where Ñ skipping

8194steps , Ò under the progressive discipline provision of the CBA, is warranted,

8206especially where, under this particular CB A, the burden of proof on

8218Petitioner is to prove the allegations against Respondent by clear and

8229convincing evidence.

82317 2 . The number and age of the prior disciplinary actions taken against

8245Respondent, coupled with the fact that the incident complained of h erein was

8258a single incident, not a series of incidents over a short period of time, do not

8274provide clear and convincing evidence of misconduct by Respondent that

8284should result in skipping progressive discipline steps, which would result in

8295termination of h er employment. In short, there was no clear and convincing

8308evidence produced by Petitioner t o support a departure from the principles of

8321progressive discipline adopted in the CBA . A 15 - day suspension , without pay,

8335and a restoration of Respondent Ô s addition al lost back pay and benefits is

8350both the more appropriate and reasonable resolution of this matter , than the

8362suspension plus termination of employment sought by Petitioner , and that is

8373supported by app lication of the terms of the CBA .

8384R ECOMMENDATION

8386Base d on the foregoing Findings of Fact and Conclusions of Law, it is

8400R ECOMMENDED that the Palm Beach County School Board enter a final order

8413finding that Ñ just cause Ò exists to discipline Ms. Turnbull , by upholding her

8427prior suspension, without pay, for 15 - da ys, and restoring all benefits and

8441back pay that have been lost/withheld since November 21, 2019.

8451D ONE A ND E NTERED this 7th day of July , 2021 , in Tallahassee, Leon

8466County, Florida.

8468S

8469R OBERT S. C OHEN

8474Administrative Law Judge

84771230 Apalachee Parkway

8480Talla hassee, Florida 32399 - 3060

8486(850) 488 - 9675

8490www.doah.state.fl.us

8491Filed with the Clerk of the

8497Division of Administrative Hearings

8501this 7th day of July , 2021 .

8508C OPIES F URNISHED :

8513Jean Marie Middleton, Esquire Matthew Mears, General Counsel

8521V. Danielle Williams, Esquire Department of Education

8528School District of P alm Beach County Turlington Build ing, Suite 1244

8540Office of the General Counsel 325 West Gaines Street

85493300 Forest Hill Boulevard , Suite C - 331 Tallahassee, Florida 32399 - 0400

8562West Palm Beach, Florida 33406 - 5869

8569Richard Corcoran Mark S. Wilensky, Esquire

8575Commissioner of Education Dubiner & Wilensky, LLC

8582Department of Education 1200 Corporate Center Way , Suite 200

8591Turlington Building, Suite 1514 Wellington, Florida 33414 - 8594

8600325 West Gaines Street

8604Tallaha ssee, Florida 32399 - 0400

8610Donald E. Fennoy , II, Ed.D., Superintendent

8616School District of Palm Beach County

86223300 Forest Hill Boulevard, Suite C - 316

8630West Palm Beach, F lorida 33406 - 5869

8638N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

8649All parties have the right to submit written exceptions within 15 days from

8662the date of this Recommended Order. Any exceptions to this Recommended

8673Order should be filed with the agency that will issue the Final Order in this

8688case.

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Date
Proceedings
PDF:
Date: 08/24/2021
Proceedings: Agency Final Order
PDF:
Date: 08/24/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 07/07/2021
Proceedings: Recommended Order
PDF:
Date: 07/07/2021
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/07/2021
Proceedings: Recommended Order (hearing held March 23, 2021). CASE CLOSED.
PDF:
Date: 07/06/2021
Proceedings: Respondent's Motion to Strike Petitioner's Improper Argument filed.
PDF:
Date: 07/01/2021
Proceedings: Petitioner's Opposition to Respondent's Notice of Additional Authority filed.
PDF:
Date: 06/29/2021
Proceedings: Respondent's Notice of Additional Authority filed.
PDF:
Date: 06/02/2021
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 06/01/2021
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 04/29/2021
Proceedings: Notice of Filing Transcript.
Date: 04/29/2021
Proceedings: Transcript (not available for viewing) filed.
PDF:
Date: 04/09/2021
Proceedings: Notice of Filing Deposition Designations of Witness Emily Goodson filed.
PDF:
Date: 04/09/2021
Proceedings: Notice of Filing Petitioner's Third Amended Exhibit List filed.
PDF:
Date: 04/05/2021
Proceedings: Order Granting Extension of Time.
PDF:
Date: 04/02/2021
Proceedings: Petitioner, Palm Beach County School Board's Unopposed Motion for Extension of Time to File Deposition Transcript of Emily Goodson with Redactions filed.
Date: 03/23/2021
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 02/22/2021
Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for March 23 and 24, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 02/22/2021
Proceedings: Emergency Motion to Continue Final Hearing filed.
Date: 02/18/2021
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 02/18/2021
Proceedings: Respondent's Notice of Filing Proposed Exhibits filed.
PDF:
Date: 02/15/2021
Proceedings: Joint Second Amended Pre-hearing Stipulation (Amended only as to Update Petitioner's Witness List) filed.
PDF:
Date: 02/03/2021
Proceedings: Petitioner's Amended Witness List filed.
PDF:
Date: 12/14/2020
Proceedings: Petitioner, Palm Beach County School Board's Notice of Serving Supplemental Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 12/03/2020
Proceedings: Order Granting Extension of Time to Supplement Answers to Interrogatories.
PDF:
Date: 12/03/2020
Proceedings: Petitioner, Palm Beach County School Board's Unopposed Motion for Extension of Time to Supplement Answers to Interrogatories filed.
PDF:
Date: 12/03/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for February 23 and 24, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 12/02/2020
Proceedings: Motion to Continue Final Hearing filed.
PDF:
Date: 12/01/2020
Proceedings: Order on Pending Motions.
Date: 12/01/2020
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 11/30/2020
Proceedings: Joint Amended Pre-Hearing Stipulation filed.
PDF:
Date: 11/30/2020
Proceedings: Notice of Filing Petitioner's Second Amended Exhibit List filed.
PDF:
Date: 11/30/2020
Proceedings: Notice of Pending Motions filed.
PDF:
Date: 11/30/2020
Proceedings: Notice of Filing Petitioner's Amended Exhibit List filed.
PDF:
Date: 11/24/2020
Proceedings: Respondent's Response to Petitioner's Motion to Strike and Motion for Sanctions filed.
PDF:
Date: 11/19/2020
Proceedings: Petitioner's Motion to Strike Witness Testimony at Final Hearing filed.
PDF:
Date: 11/16/2020
Proceedings: Notice of Unavailability filed.
PDF:
Date: 11/16/2020
Proceedings: Notice of Unavailability filed.
PDF:
Date: 11/16/2020
Proceedings: Notice of Serving Answers to Petitioner's Second Interrogatories filed.
PDF:
Date: 11/16/2020
Proceedings: Petitioner, Palm Beach County School Board's Motion to Compel Respondent's Answers to Petitioner's Second Set of Interrogatories filed.
PDF:
Date: 11/12/2020
Proceedings: Respondent's Notice of Additional Authority filed.
PDF:
Date: 10/15/2020
Proceedings: Petitioner's Notice of Taking Google Meet Depositions to Perpetuate Testimony at Final Hearing filed.
PDF:
Date: 10/08/2020
Proceedings: Petitioner, Palm Beach County School Board's Notice of Serving Second Set of Interrogatories filed.
PDF:
Date: 10/02/2020
Proceedings: Petitioner's Response in Opposition to Respondent's 2nd Amended Motion in Limine filed.
PDF:
Date: 10/02/2020
Proceedings: Respondent's Second Amended Motion in Limine filed.
PDF:
Date: 09/30/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for December 7 and 8, 2020; 9:00 a.m., Eastern Time; West Palm Beach).
PDF:
Date: 09/30/2020
Proceedings: Respondent's Amended Motion in Limine filed.
PDF:
Date: 09/30/2020
Proceedings: Respondent's Amended Witness List filed.
PDF:
Date: 09/30/2020
Proceedings: Respondent's Motion in Limine filed.
PDF:
Date: 09/29/2020
Proceedings: Petitioner's Reply to Respondent's Response to Petitioner's Motion for Continuance filed.
PDF:
Date: 09/28/2020
Proceedings: Respondent's Response to Petitioner's Motion to Continue filed.
PDF:
Date: 09/28/2020
Proceedings: Respondent's Response to Tribunal's Inquiry regarding Hearing filed.
PDF:
Date: 09/28/2020
Proceedings: Respondent's Pre-Hearing Statement filed.
Date: 09/28/2020
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 09/25/2020
Proceedings: Notice of Filing Proposed Exhibits filed.
PDF:
Date: 09/25/2020
Proceedings: Joint Pre-Hearing Stipulation filed.
PDF:
Date: 09/25/2020
Proceedings: Petitioner's Motion for Continuance filed.
PDF:
Date: 09/25/2020
Proceedings: Respondent's Witness List filed.
PDF:
Date: 09/25/2020
Proceedings: Respondent's Exhibit List filed.
PDF:
Date: 08/28/2020
Proceedings: Petitioner's Cross Notice of Taking Zoom Webcast Deposition of Emily Goodson filed.
PDF:
Date: 08/20/2020
Proceedings: Petitioner's Notice of Taking Zoom Webcast Deposition of Respondent, Debra Turnbull filed.
PDF:
Date: 08/19/2020
Proceedings: Notice of Appearance (V. Danielle Williams) filed.
PDF:
Date: 08/17/2020
Proceedings: Amended Motion to Compel Better Answers to Interrogatories filed.
PDF:
Date: 08/17/2020
Proceedings: Motion to Compel Better Answers to Interrogatories filed.
PDF:
Date: 08/11/2020
Proceedings: (Amended) Petitioner's Second Administrative Complaint filed.
PDF:
Date: 08/11/2020
Proceedings: Petitioner's Notice of Serving Better Unverified Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 08/04/2020
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 06/09/2020
Proceedings: Notice of Unavailability filed.
PDF:
Date: 05/12/2020
Proceedings: Notice of Serving Answers to Petitioner's Interrogatories filed.
PDF:
Date: 05/11/2020
Proceedings: Response to Request to Produce filed.
PDF:
Date: 04/27/2020
Proceedings: Petitioner, Palm Beach County School Board's Responses to Respondent's First Request to Produce filed.
PDF:
Date: 04/27/2020
Proceedings: Petitioner, Palm Beach County School Board's Notice of Serving Unverified Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 04/24/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for October 5 and 6, 2020; 9:00 a.m.; West Palm Beach).
PDF:
Date: 04/22/2020
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 04/20/2020
Proceedings: Petitioner's First Amended Administrative Complaint filed.
PDF:
Date: 02/28/2020
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/28/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for May 27 and 28, 2020; 9:00 a.m.; West Palm Beach).
PDF:
Date: 02/28/2020
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 02/27/2020
Proceedings: Petitioner's Notice of Cancellation Deposition (Debra Turnbull) filed.
PDF:
Date: 02/27/2020
Proceedings: Amended Motion for Extension of Time filed.
PDF:
Date: 02/26/2020
Proceedings: Motion for Extension of Time filed.
PDF:
Date: 02/14/2020
Proceedings: Petitioner's Notice of Taking Deposition filed.
PDF:
Date: 02/11/2020
Proceedings: Notice of Serving First Set of Interrogatories to Petitioner filed.
PDF:
Date: 02/11/2020
Proceedings: Request to Produce filed.
PDF:
Date: 01/27/2020
Proceedings: Petitioner, Palm Beach County School Board's Notice of Serving First Set of Interrogatories filed.
PDF:
Date: 01/27/2020
Proceedings: Petitioner, Palm Beach County School Board's First Request for Production filed.
PDF:
Date: 01/07/2020
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/07/2020
Proceedings: Notice of Hearing (hearing set for March 16 and 17, 2020; 9:00 a.m.; West Palm Beach).
PDF:
Date: 01/02/2020
Proceedings: Petitioner's Unilateral Response to Initial Order filed.
PDF:
Date: 12/23/2019
Proceedings: Unilateral Response to Initial Order filed.
PDF:
Date: 12/12/2019
Proceedings: Initial Order.
PDF:
Date: 12/09/2019
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 12/09/2019
Proceedings: Notice of Recommendation for Termination of Employment filed.
PDF:
Date: 12/09/2019
Proceedings: Administrative Complaint filed.
PDF:
Date: 12/09/2019
Proceedings: Referral Letter filed.

Case Information

Judge:
ROBERT S. COHEN
Date Filed:
12/09/2019
Date Assignment:
12/11/2019
Last Docket Entry:
08/24/2021
Location:
West Palm Beach, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
TTS
 

Counsels

Related Florida Statute(s) (9):