19-006520TTS
Palm Beach County School Board vs.
Debra Turnbull
Status: Closed
Recommended Order on Wednesday, July 7, 2021.
Recommended Order on Wednesday, July 7, 2021.
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.
- Date
- Proceedings
- PDF:
- Date: 07/07/2021
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- 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.
- 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: 04/02/2021
- 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).
- Date: 02/18/2021
- Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 02/15/2021
- Proceedings: Joint Second Amended Pre-hearing Stipulation (Amended only as to Update Petitioner's 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).
- Date: 12/01/2020
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- 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 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: 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: 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: 09/29/2020
- 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 Tribunal's Inquiry regarding Hearing filed.
- Date: 09/28/2020
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- 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: 08/17/2020
- Proceedings: Amended Motion to Compel Better Answers to Interrogatories 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: 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: 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: 02/27/2020
- Proceedings: Petitioner's Notice of Cancellation Deposition (Debra Turnbull) filed.
- PDF:
- Date: 02/11/2020
- Proceedings: Notice of Serving First Set of Interrogatories to Petitioner 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.
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
-
Jean Marie Middleton, Esquire
Address of Record -
Mark S. Wilensky, Esquire
Address of Record -
V. Danielle Williams, Esquire
Address of Record -
Mark S Wilensky, Esquire
Address of Record