The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida (239)

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1 The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida (239) Steven K. Teuber Chairman, District 4 SPECIAL SCHOOL BOARD MEETING September 13, :00 p.m. Mary Fischer Vice Chairman, District 1 Jeanne S. Dozier District 2 Cathleen O Daniel Morgan District 3 Pamela H. LaRiviere District 5 Gregory K. Adkins, Ed.D. Superintendent Keith B. Martin, Esq. Board Attorney Order of Business I. Opening Exercises A. Call to Order Mr. Steven Teuber, Chairman Adoption of agenda as order of business. II. III. Public Comment Superintendent s Recommendations A. Mr. Villanueva has requested an administrative hearing; therefore, I recommend that the Board suspend him without pay until such time as the Board receives and acts upon the recommended order of the DOAH Administrative Law Judge. 4 IV. Other Business A. Board Members Comments B. Board Attorney s Comments C. Superintendent s Comments D. Next scheduled meetings of the Board: September 13, 2016, 2:00 p.m., School Board Briefing Meeting (to begin immediately following Special Board meeting) September 13, 2016, 5:05 p.m., School Board Special Meeting to Adopt the FY17 Tentative Budget September 13, 2016, 6:00 p.m., School Board Meeting Vision: To be a world-class school system 1

2 V. Adjournment Anyone wishing to appeal a decision made by The School Board of Lee County at a meeting or hearing will need a verbatim record of the proceedings. This record must include the testimony and evidence upon which the appeal is to be based. 2

3 The School Board of Lee County encourages public input into decisions made by this Board in a courteous and educational manner. To ensure the rights and opportunity for hearing diverse opinion the following procedures must be followed: IF YOU WISH TO SPEAK AT TODAY S SCHOOL BOARD MEETING REGARDING AGENDA ITEMS OR ANY MATTER RELEVANT TO THE OPERATION OF THE SCHOOL DISTRICT YOU MUST 1) Completely fill out a blue card located at the back of the Board Room; 2) Give the blue card to the Secretary or the Board Attorney in the Board Room, BEFORE THE START of the meeting. Rules for Speaking: Speakers will be called in order of receipt of cards. At a Regular or Special Meeting speakers addressing agenda items or any other matter relevant to the operation of the School District will make comment at the beginning of the meeting. Each speaker will be allowed three (3) minutes speaking time unless the number of speakers is greater than 20, in which case each speaker will be allowed up to two (2) minutes of speaking time. If the number of speakers is greater than 30, speakers will be allowed one (1) minute. Please state your name for the record before you begin your speech. As each speaker nears the end of their speaking time, the School Board Attorney will instruct the speaker to conclude. Please conclude speaking at the end of the time period allotted. Failure to stop speaking when directed to do so by the School Board Attorney and after a warning issued by the meeting chair may result in being required to leave the meeting. No Speakers may yield their time to other people. Speakers and the public attending the meeting are expected to act in a respectful manner. Those who fail to do so after being warned by the meeting chair may be required to leave the meeting. Attacks on individuals are prohibited. Speakers may ask questions during their comments, but will not engage in dialogue with Board Members. The questions asked may be answered later in the meeting during Superintendent or Board Member comments. Speakers may also address non-agenda issues of educational relevance during public comment. If a speaker is advocating a certain action be taken by the Board which requires the expenditure of funds, the speaker shall reveal any financial interest in the Board taking such action. If the speaker is an employee, owner, or has a financial interest in or is related to an individual who is an employee, owner or has a financial interest in an entity which provides the product or service being advocated, the speaker must reveal such interest. IF YOU WISH TO SPEAK AT TODAY S SCHOOL BOARD BRIEFING All Rules are the same for speaking at a Board Briefing, except you can only speak to agenda items and it is unnecessary to fill out a card. THERE IS NO PUBLIC COMMENT PERMITTED AT SCHOOL BOARD WORKSHOPS. Policy 1.11 Adopted: 2/27/07 (Formerly: Policy 1.31); Revised: 7/31/07 Revised: 9/24/13 Revised: 1/13/15 Revised: 7/28/15 (Formerly: Policy 1.09) 3

4 THE SCHOOL DISTRICT OF LEE COUNTY, FLORIDA Date: September 13, 2016 Section: Superintendent's Recommendation Subject: Petition for Termination of Employment - Angel Villanueva Item No: III. A. Presenter(s) : Dr. Gregory K. Adk:j.i^s Mr. Robert Dodig Dr. Angela Pruitt Ph School Board Action strategic Plan: Focus Area: 4. Hire and retain the best talent. Background Information: Attached is a Petition for Termination of Employment for Angel Villanueva, an ROTC Instructor at East Lee County High School. The grounds for Mr. Villanueva's termination are outlined in the Petition. The District was informed via letter dated August 22, 2016, that Mr. Villanueva was requesting a formal administrative hearing on the matter of his termination. Mr. Villanueva on August 2, Fiscal Impact: The Petition was served on The action requested J. to the department or area:' i^hin the current budget allocated Yes No N/A Superintendent's Recommendation: Mr. Villanueva has requested an administrative hearing; therefore, I recommend that the Board suspend him without pay until such time as the Board receives and acts upon the recommended order of the DOAH Administrative Law Judge. Approved: Budget: Attorney: Superintendent: 4

5 BEFOBE THE SCHOOL BOABD OF LEE COUNTY GREGORY K. ADKINS, Ed.D., Superintendent, Petitioner, V. Case No ANGEL VILLANUEVA, Respondent. PETITICMT FOR TERMINATION Petitioner, Gregory K. Adkins, Ed.D., as Superintendent for The School District of Lee County, Florida, through his undersigned attorney, Robert Dodig, Jr., files this Petition for Termination of Employment, and states as follows: JURISDICTION 1. Petitioner is Superintendent for the School District of Lee County ("District"), and therefore has the authority pursuant to , Florida Statutes, to recommend to the School Board that any school employee be suspended and/or dismissed from employment. 2. Respondent, ANGEL VILLANUEVA ("Respondent"), has been employed with the District since October 25, He is currently assigned as an ROTC Instructor at East Lee County High School. 5

6 3. Respondent is an instructional employee and is governed by the collective bargaining agreement between the School Board and the Teachers Association of Lee County {^^TALC"). The Respondent is employed pursuant to a Professional Services Contract. The standard for discipline for instructional personnel is "'just cause" pursuant to the TALC Agreement and (1) (a), Florida Statutes. 4. The Lee County School Board is located at 2855 Colonial Boulevard, Fort Myers, Florida The School Board's Administrative Code identification number is 6 GX-36. The School Board has the authority to terminate and/or suspend educational personnel without pay and benefits pursuant to (1)(f), Florida Statutes. 5. The Division of Administrative Hearings (^^DOAH"), has contractual jurisdiction over the parties and the subject matter of this Petition in the event Respondent requests a hearing on this matter pursuant to Board Policy 1.12(7)(c) and (6)(a)2., and , Florida Statutes. AT.T.wcamoNS AMD PROCEDTOAL HISTORY 6. On or about May 13, 2016, the District's Department of Professional Standards and Equity was notified of allegations that Respondent violated the Code of Ethics, Principles of Professional Conduct, and School Board Policy. Petition; Adkina v Angel Villanueva Case No Page 2 of 5 6

7 7. As a result of the allegations. Professional Standards and Equity initiated an investigation. 8. The investigation determined that Respondent imposed his personal religious beliefs and views regarding gender identity on students during classroom and other instructional time. 9. Respondent made comments in the presence of students regarding the sexual preference of individuals and professed that those that do not agree with him are wrong and would regret their lifestyle and suffer consequences later on in life. 10. Respondent's conduct unreasonably denied students access to diverse points of view, exposed students to unnecessary embarrassment and disparagement, and was unbecoming of a school district employee. 11. On June 28, 2016, Respondent attended the pre determination conference with his attorney and was provided an opportunity to respond to the foregoing allegations. 12. Following the June 28, 2016, pre-determination conference, it was determined that a recommendation would be made to the Superintendent for Respondent's termination. A letter dated July 18, 2016, was forwarded to the Respondent, advising him of this recommendation. In addition. Respondent was suspended without pay, effective June 20, 2016, pursuant to School Board Policy Petition: Adkins v Angel villanueva Case No See Page 3 of 5 7

8 CmiRSBS 13. Respondent has committed the offense of misconduct in office pursuant to , Florida Statutes, as defined by Rule 6A-5.056(2), F.A.C., by violating the Code of Ethics of the Education Profession in Florida, the Principles of Professional Conduct for the Education Profession in Florida and School Board policies. Respondent has exhibited conduct that is disruptive to the learning environment and his behavior has reduced his ability to effectively perform his duties as an instructor. 14. Respondent has violated School Board policies 5.02, Professional Standards} 5.03, General Requirements for Appointment and Employment} and 5.29, Complaints Related to Employees. 15. Due to the foregoing violations of Florida law. State Board Rules and School Board policies. Petitioner has just cause for Respondent's termination. As a result of his conduct, the Respondent has impaired his effectiveness in the school district. WHSBBFOBB, Petitioner, Dr. Gregory K. Adkins, Superintendent for the School District of Lee County, Florida, recommends that Respondent, ANGEL VILLANUEVA, be terminated from his employment with the District. If Respondent requests a hearing on the Petition, the Superintendent requests that the Board suspend him pending the outcome of the hearing. Petition: Adkins v Angel villanueva Case NO Page 4 of 5 8

9 BESPOHDENT IS HEREBY NOTIFIED IN ACCORDANCE WITH LEE COUNTY SCHOOL BOARD POLICY 1.16 THAT AN AGENDA ITEM REQUESTING ACTION BY SCHOOL BOARD AND SETTING FORTH THE SUPERINTENDENT'S RECOMMENDATION TO TERMINATE RESPONDENT HAS BEEN PREPARED AND IS SET TO BE HEARD BY THF BOARD AT A SPECIAL SCHOOL BOARD MEETING ON TUESDAY, SEPTEMBER 13, 2016, AT 2:00 P.M., OR AS SOON thereafter as it may be heard. RESPONDENT IS ADVISED THAT BE MAY REQUEST A HEARING ON THE CHARGES IN THIS PETITION AND MUST MAKE THE REQUEST WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THE PETITION. THE REQUEST FOR A HEARING SHOULD EE MADE TO PETITIONER'S. ATTORNEY AT THE ADDRESS AND/OR PHONE NUMBER LISTED BELOW. RESPONDENT'S FAILURE TO REQUEST A HEARING SHALL CONSTITUTE AN ADMISSION THAT THE CHARGES IN THE PETITION ARE TRUE. Respectfully submitted this o/ f day of July, Petitioner ^DlflNS, Ed. D., ROBERT DGDIG; JR. Attorney for Petitidner Florida Bar No The School District of Lee County 2855 Colonial Boulevard Fort Myers, Florida (239) / Telephone (239) / Facsimile Petition; Adkins v Angel Villanueva Case No Page 5 of 5 9

10 The School district of lee County 2855 COLONIAL Blvd. Fort Myers. Florida Michelle Freeman. MSEo. Director, professional standards & Equity (239) Fax: (239) Steven K.TEUBCR Chairman, District 4 MARY Fischer Vice Chairman. District i JEANNE S. DOZIER DisrRiCT2 CATKLEEN O'DANEL MORGAN District 3 PAMELA H. LARlVtERE Districts July 18,2016 (3REGORY K. aomns. Ed. D. SUPERtNTENOENT VIA CERTIFIED MAIL RETURN RErEIPT NO; D OOM <492 52M AND REGULAR US MAIL Angel VillanuevaCinstructor/ROTC/East Lee County High School) 438 Parkdale Blvd. Lehigh Acres, Fl «Dear Mr. Villanueva: Ketth B. Martin. Eso. Board Attorney As you are aware, the School District of Lee County initiated an investigation into allegations of misconduct against you. A Piedeteimittation hearing was held on Tuesday, June 28,2016, to give you the opportunity to respond. You were present at the hearing in addition to: myself, Robert Dodig, StaflF Attorney and Robert Coleman, Esq. Please be advised that the investigation has concluded at this time and the District finds there is probable cause for disciplinary action. Effective Monday. June 20, 2016, you are suspended without pay and benefits. Wc will be recommending to the Superintendent that you be terminated from your position at the next appropriate School Board meeting. This letter will be open to public inspection and/or copying pursuant to Chapters II9 and 1012, Florida Statutes, within 10 days of your receipt of the same. A copy of this letter will be placed in your personnel file. Any othw docuir^ts shall be maintained as required by law. Please be advised that you have the right to answer these materials in writing and that this answer will be attached to the documents in the personnel file. Sincerely aiticciciy. ^ ar V Michelle Freeman, MSEd Director, Professional Standards and EquiQr cc: Gregory K. Adkins. Ed.D, Superintendent Robert Dodig, Staff Attorney Robert Coleman, Esq. Sue Zellers, Principal, East Lee County High School Rita Zazzaro, Director, P^rroil Department Personnel File Investigation File Vision: To be a woru>class school system 10