BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 2013-005 SCOTT MARTIN, Respondent/Employee. _________________________________/ ADMINISTRATIVE COMPLAINT Rick W. Mills, as Superintendent of Schools, hereby recommends the termination of employment of Respondent, Scott Martin ("Martin"), Staff Attorney, effective immediately upon approval by the School Board ("Board"), and as grounds therefore states as follows: FACTUAL ALLEGATIONS 1. Martin has been employed with the School District of Manatee County since February 23, 2010. Martin has been on Paid Administrative Leave since August 1, 2013. 2. On or about November 14, 2012, Investigator Debra Horne with the Office of Professional Standards ("OPS") opened an investigation based on allegations that Roderick L. Frazier ("Frazier"), Administrative Liaison, Manatee High School ("MHS"), was inappropriately interacting with students ("Horne's MHS Investigation"). 3. On or about November 15, 2012, Frazier was placed on Paid Administrative Leave pending the outcome of an allegation of possible misconduct. 4. On or about November 16, 2012, Frazier was removed from Paid Administrative Leave and returned to his position at MHS. The decision to remove Frazier from Paid Administrative Leave was made by Martin. 5. From approximately November 16, 2012, through January 9, 2013, Horne conducted little to no follow-up investigation. 6. On or about January 9, 2013, MHS Principal Don Sauer received a written complaint from a former female student containing numerous allegations of inappropriate conduct by Frazier. Horne's MHS Investigation was reopened. 7. On or about February 8, 2013, Frazier was again placed on Paid Administrative Leave. 8. The Bradenton Police Department ("BPD") also investigated Frazier and, as a result, Horne's MHS Investigation was stayed pending BPD's investigation. Upon information and belief, during the course of the BPD investigation, Frazier's schoolissued computer was confiscated. Numerous pornographic images depicting former students and potentially underage females were discovered on Frazier's school-issued computer. 9. On or about July 19, 2013, Frazier was charged with seven (7) misdemeanor counts of battery and three (3) misdemeanor counts of interference with a child's attendance at school. 10. On or about July 23, 2013, an investigation of Frazier was re-initiated by OPS Investigator Troy Pumphrey regarding allegations that Frazier inappropriately interacted with female students while serving as an Administrative Liaison at MHS (Investigation No. 12-2033-OP)("Pumphrey MHS Investigation"). 2 11. On or about July 26, 2013, Frazier resigned from the District in lieu of termination. 12. During the course of the Pumphrey MHS Investigation, Pumphrey determined that actions and inactions of District administrators came to light which suggested the possibility of administrative negligence and/or intentional misconduct. As such, the MHS Investigation was broadened to determine whether District administrators had prior knowledge of complaints by female students and faculty regarding inappropriate conduct involving Frazier and, if so, why the complaints were not timely addressed. 13. On or about August 15, 2013, District employees Robert Gagnon, Gregg Faller, Matthew Kane, and Horne were charged with felony counts of failing to report child abuse. Upon information and belief, the criminal cases are still pending. 14. Martin was interviewed and questioned during the Pumphrey MHS Investigation by Pumphrey. 15. On September 25, 2013, the Pumphrey MHS Investigation concluded. An addendum was issued by Pumphrey on September 27, 2013. A true and correct copy of the Pumphrey MHS Investigation is attached hereto as Exhibit A. 16. The Pumphrey MHS Investigation findings establish that Martin, as Horne's direct supervisor, failed to ensure a thorough and complete investigation was conducted by Horne. Based on the information that was available to Martin, he could have acted with more diligence, urgency and active oversight, particularly considering the serious allegations involving the health, safety, and welfare of students. Martin's 3 actions and inactions demonstrated deliberate indifference and allowed Frazier to remain at MHS and place the safety and wellbeing of students at risk. 17. Martin further allowed the influence of others to taint Horne's MHS Investigation and impair his judgment and decision making. 18. Martin was notified in writing on September 25, 2013, that Superintendent Mills was recommending his termination from employment. VIOLATIONS 19. Policy 6.11 Policies and Procedures Manual, School Board of Manatee County, provides that an employee may be temporarily suspended with or without pay or permanently terminated from employment for just cause, including but not limited to, immorality, misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude, violation of the Policies and Procedures Manual of the School Board of Manatee County, violation of any applicable Florida statute, violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 20. The findings of the Pumphrey MHS Investigation reflect that Martin failed to carry out his professional duties. Martin demonstrated incompetence and willful neglect of duty. 21. Based on the foregoing and the findings contained in the Pumphrey MHS Investigative Report 12-2033-OP, just cause exists to terminate Martin's employment for violating the following Florida Statutes and rules: (a) F.A.C. Rule 6A-10.080 (3) Aware of the importance of maintaining the respect and confidence of one's colleagues, of students, of parents, and of other members of the 4 community, the educator strives to achieve and sustain the highest degree of ethical conduct. (b) F.A.C Rule 6A-10.081 (3)(a) Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety. (c) F.A.C. Rule 6a-10.081 (5)(n) Shall report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), F.S. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Scott Martin's employment, effective immediately upon approval by the School Board. If a hearing is requested, the Superintendent recommends that the hearing be granted and the Respondent be suspended without pay effective immediately upon approval by the School Board, pending the outcome of the hearing. RIGHT TO A HEARING 1. Respondent is entitled to a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, regarding the Superintendent's recommendation. 2. Failure to request a hearing will constitute an admission that the factual allegations in the Administrative Complaint are true, the alleged violations of the statutes or rules are true and the employee is waiving the right to a hearing on the charges. 3. If you plan to appeal the board's determination, you are required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, 5 chapter 120, Florida Statutes, and the Uniform Rules adopted by the Administration Commission, chapter 28-106, Florida Administrative Code. A sample Request is attached for your use if you plan to exercise your appeal rights. 4. If you plan to appeal the board's determination, you must submit a written request for a formal hearing within 21 days of the date of service of this Administrative Complaint. Your written request for a hearing must be received by the Agency Clerk, Kelly Collins, at 215 Manatee Ave. W., Bradenton Florida 34205 no later than 4:30 p.m. on October 25, 2013. A copy of your written request must also be sent to Terry J. Harmon, at Sniffen & Spellman, P.A., 123 North Monroe Street, Tallahassee, Florida 32301. Respondent is required to substantially comply with the requirements of the Uniform Rules. 5. Respondent is entitled to representation by counsel or other qualified representative at Respondent's expense. 6. Mediation under section 120.573, Florida Statutes, is not available. 7. Pursuant to rule 28-106.214, Florida Administrative Code, notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. If either party desires a certified court reporter to preserve the testimony, the party may do so at its own expense. Any party who wishes a written transcript of the testimony from the certified court reporter shall bear the cost of such transcript. If a court reporter records the proceedings, the recordation shall become the official transcript. Dated this 4th day of October, 2013, in Bradenton, Manatee County, Florida. 6 Rick W. Mills, Superintendent School Board of Manatee County, Florida