Termination of Employee Contracts

Surey Rios

Barry University

Opening Scenario

An elementary teacher becomes a national spokesman for a legalization of marijuana organization. Even though he has 25 years of exemplary evaluations, his employment is terminated after an investigative reporter writes an article on the teacher, exposing his association with this organization. The teacher files a suit claiming his rights were violated.

• Which rights were violated?

• How should the courts rule in this case?

• What legal considerations would be considered?

Case LawCockrel v. Shelby County School Dist (2001)

The Skinny

Cockrel taught her students about industrial hemp (illegal in the state of Kentucky). The school and the school board did not approve and thus fired her citing incompetency (17 teaching deficiencies). She claims it was retaliation and that her First Amendment rights were violated.

Let’s Talk About Hemp, Baby!

The Verdict

The courts sided with Cockrel because the connection between her being fired and the hemp incident were so close timewise ether that to thing that it was not retaliation as ludicrous. Especially since she had received satisfactory reviews in her previous (and current year teaching). As for the First Amendment violation, they also sided with her claiming that discussing of hemp was of social importance, thus it is protected.

MOORE, Circuit Judge.“A teacher regardless of what he decides to include in his curriculum is speaking as an employee in a private matter. This essentially gives a teacher no right to freedom of speech when teaching students in a classroom, for the very act of teaching is what the employee is paid to do. Thus, when teaching, even if about an upcoming presidential election or the importance of our Bill of Rights, the Fourth and Fifth Circuit [Courts] would leave such speech without constitutional protection, for the teacher is speaking as an employee, and not as a citizen.”

Assignment 6

Create a scenario that identifies and applies the school site administrator’s responsibilities regarding the termination of an employee’s contract as required in Florida Statutes including:

• union contract

• professional service contract

• and annual contract

Five Types of Contracts• Annual - an employment contract for a period of no longer

than 1 school year which the district school board may choose to award or not award without cause.

• At Will - non-certified personnel (custodians, secretaries, cafeteria workers, teachers' club supplements).

• Continuing (a.k.a. Tenure) - created by state legislative action; bestows a property right to continual employment in the district until the employee moves out of the district, retires, resigns, dies or is terminated. Ended in FL in 1984.

• Probationary - issued to new teachers, or teachers new to the district, contract duration is one year, can be terminated without cause.

• Term - given for specified lengths of time; usually reserved for superintendents or experienced principals, or grants.

The Making of a Contract

A contract is an agreement between two parties that creates an obligation to perform (or not perform) a particular duty. A legally enforceable contract requires:

1. Capacity to contract (both parties must be of sound mind)

2. Intention to create legal relations (request is of a legal nature)

3. An Offer (usually money)4. An Acceptance (in exchange for labor)5. Consideration (Both parties must receive

something of value) 6. Certainty of terms (time line)

Florida Statute: Right to Work State

447.01 Regulating labor unions; state policy.—(1) Because of the activities of labor unions affecting the economic conditions of the country and the state, entering as they do into practically every business and industrial enterprise, it is the sense of the Legislature that such organizations affect the public interest and are charged with a public use. The working person, unionist or nonunionist, must be protected.

“The right to work is the right to live.”

Florida Statute: Labor Organization

447.02 Definitions.—The following terms, when used in this chapter, shall have the meanings ascribed to them in this section:

(1) The term “labor organization” means any organization of employees or local or subdivision thereof, having within its membership residents of the state, whether incorporated or not,

organized for the purpose of dealing with employers concerning hours of employment, rate of pay, working conditions, or grievances of any kind relating to employment and recognized as a unit of bargaining by one or more employers doing business in this state.

Time for . . . Scenario 2!

The UTD steward at your school is very adamant about having 100% involvement in the UTD at your school. There are UTD posters plastered everywhere, including the inside of the bathroom stalls! You respectfully decline the myriad of strategies that she uses to get you to pony up the monthly dues. She harasses you constantly, saying that you are a free-rider benefiting from UTD’s collective bargaining agreement. As you are demonstrating a lab procedure, she disrupts your class to force you into joining the UTD.

• Is what she is doing legal?

• What are you going to do?

Case LawSteele v. Louisville & Nashville R. Co (1944)

The Skinny:

The collective bargaining powers of a union represents all members that work in the craft, not just the ones that participate in the union.

Steele (a Negro fireman for the railroad) sues the Louisville & Nashville Railroad Company because of discriminatory practices set forth by the railroad union. It did not allow Black men to join the union and thus it did allow them to participate in collective bargaining.

MR. CHIEF JUSTICE STONE

… delivered the opinion of the Court.

“The labor organization chosen to be the representative of the craft or class of employees is thus chosen to represent all of its members, regardless of their union affiliations or want of them.”

“While the majority of the craft chooses the bargaining representative, when chosen it represents, as the Act by its terms makes plain, the craft or class, and not the majority. The fair interpretation of the statutory language is that the organization chosen to represent a craft is to represent all its members, the majority as well as the minority, and it is to act for and not against those whom it represents”

Florida StatuteRight to Unionize (or not)

• 447.03 Employees’ right of self-organization.Employees shall have the right to self-organization, to form, join, or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.

Florida Statutes: Dues; deduction and collection not mandatory for all bargain

unit members447.303 —Any employee organization which has been certified as a

bargaining agent shall have the right to have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues and uniform assessments. However, such authorization is revocable at the employee’s request upon 30 days’ written notice to the employer and employee organization. Said deductions shall commence upon the bargaining agent’s written request to the employer.

4 Types of Unions

United Teachers of Dade (UTD)• full and part-time teachers• paraprofessionals• school support personnel• office employees

Dade County School Maintenance Employee Committee (DCSMEC)maintenance and trade employees responsible for repairing and maintaining schools and office buildings:

• electricians• plumbers• painters• roofers• network support

technicians (IT)

American Federation of State, County, and Municipal Employees (AFSCME)full and part-time general labor and craft employees involved in:• student transportation• vehicle maintenance and repair • custodial and general

maintenance• food service• materials management and

distribution Fraternal Order of Police (FOP)

Miami-Dade School Police Department (M-DSPD) • approximately 150 sworn

police officers with arrest powers

What is a Grievance?

• A formal allegation by an employee and/or the bargaining agent that there has been a violation, misinterpretation or misapplication of any of the terms and conditions of employment set forth in the contract.

• Each Union contract has specific procedures outlined in the contract that details processing and administering a grievance.

• Principals should make every effort to resolve the alleged issue during the pre-grievance process.

• Upon receipt of a grievance form, Principals should notify the Region office.

Florida Statutes: Grievances

• 447.401 Grievance procedures.

• —Each public employer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between employer and employee, or group of employees, involving the interpretation or application of a collective bargaining agreement.

• Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties;

• however, when the issue under appeal is an allegation of abuse, abandonment, or neglect by an employee under s. 39.201 or s. 415.1034, the grievance may not be decided until the abuse, abandonment, or neglect of a child has been judicially determined.

Florida Statutes: GrievancesHowever, an arbiter or other neutral shall not have the power to add to, subtract from, modify, or alter the terms of a collective bargaining agreement.

If an employee organization is certified as the bargaining agent of a unit, the grievance procedure then in existence may be the subject of collective bargaining, and any agreement which is reached shall supersede the previously existing procedure.

All public employees shall have the right to a fair and equitable grievance procedure administered without regard to membership or nonmembership in any organization, except that certified employee organizations shall not be required to process grievances for employees who are not members of the organization. A career service employee shall have the option of utilizing the civil service appeal procedure, an unfair labor practice procedure, or a grievance procedure established under this section, but such employee is precluded from availing himself or herself to more than one of these procedures.

The Grievance ProcessUTD Level 1• The aggrieved employee or the

bargaining agent files the grievance in writing on Grievance Form (FM-2729) within 30 days of occurrence.

• The supervisor shall meet with aggrieved employee within five days of receiving the grievance, as well as notify the bargaining agent in writing of the proposed meeting date and the right to send a observer/representative.

• Within five days of the meeting, the supervisor shall communicate the decision in writing to the employee, with copies to the bargaining agent, Office of Labor Relations, and the immediate superintendent.

• If no resolution is reached, the employee/Union shall appeal in writing within five days of the rendered decision.

AFSCME Level 1• The aggrieved employee, with or

without the union steward, shall discuss the grievance with the supervising administrator within five days of the occurrence or knowledge giving rise to the grievance.

• If not resolved during the discussion, the aggrieved employee or the bargaining agent files the grievance in writing within ten days to the supervising administrator.

• The administrator will schedule and meet at a mutually agreeable time with the aggrieved employee and his/her union representation.

• Within ten working days of the meeting, the supervising administrator will render a decision in writing to the aggrieved employee, immediate superintendent, the bargaining agent, and the office of Labor Relations.

Next StepsUTD Level 2• The immediate

superintendent shall notify the Office of Labor Relations of the appeal, and advise the bargaining agent of the meeting date and the right to send an observer/representative within ten days.

• Within ten days after the Level II hearing, the immediate superintendent shall render a decision in writing to the bargaining agent, with copies going to the aggrieved employee and the Office of Labor Relations.

• The aggrieved employee/bargaining agent may appeal in writing at Level III within five days of the rendering of the decision; the notice of appeal is sent to the Office of Labor Relations.

AFSCME Level 2• If grievance is unresolved at Level I,

an appeal must be made by the employee in ten working days after the supervising administrator’s response. The immediate director will then schedule, meet, and respond to the grievance appeal within ten working days of receiving the appeal notice.

• The immediate director will notify the Office of Labor Relations office and the bargaining agent of the appeals meeting. The immediate director will conduct the Level II meeting.

• Within ten working days of the meeting, the immediate director will render a decision in writing to the aggrieved employee, the immediate superintendent, the bargaining agent, and the office of Labor Relations.

Give Peace a Chance!UTD Level 3• The Level III Superintendent or

designee shall schedule a meeting within twelve days after receipt of appeal.

• Within twelve days of the meeting, the Level III Superintendent or designee shall render a decision in writing to the bargaining agent, with copies to the employee, supervising administrator, immediate superintendent, and the Office of Labor Relations office.

• If the decision is not accepted, the next step in the process is an arbitration hearing in front of a neutral Arbitrator.

• All decisions rendered by the Arbitrator are final and binding.

AFSCME Level 2• If the aggrieved employee is unsatisfied

with the Level II decision, an appeal of the decision reached at Level II must be communicated in writing within ten working days of the Level II response due date to the Chief Operating Officer of School Operations.

• Upon receipt of the appeal, and within ten working days, the Chief Operating Officer of School Operations or designee shall schedule, conduct a meeting, and render a decision to the aggrieved employee and the Union representative.

• The response shall be rendered in writing to the aggrieved employee, the supervising administrator, the immediate director, and the Labor Relations Office.

• If the decision is not accepted, the next step in the process is an arbitration hearing in front of a neutral Arbitrator.

• All decisions rendered by the Arbitrator are

final and binding.

Administration 101: What to Do?Complaints and Grievances

• Prevention (respond quickly, fairly, and effectively to complaints)

• Information (conduct a thorough fact finding/investigation)

• Amelioration (work with the employee and the union representative)

• Change (see all sides of the issues and be willing to change your decision if warranted)

Florida Statues: 475.01 Unfair Labor Practices

Public employers or their agents or representatives are prohibited from:

a)Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part.

b)Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, or other conditions of employment.

c)Refusing to bargain collectively, failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit.

d)Discharging or discriminating against a public employee because he or she has filed charges or given testimony under this part.

e)Dominating, interfering with, or assisting in the formation, existence, or administration of, any employee organization or contributing financial support to such an organization.

f) Refusing to discuss grievances in good faith pursuant to the terms of the collective bargaining agreement with either the certified bargaining agent for the public employee or the employee involved.

Public Employee Organizations:(2) … are prohibited from:

a)Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part or interfering with, restraining, or coercing managerial employees by reason of their performance of job duties or other activities undertaken in the interests of the public employer.

b)Causing or attempting to cause a public employer to discriminate against an employee because of the employee’s membership or nonmembership in an employee organization or attempting to cause the public employer to violate any of the provisions of this part.

c)Refusing to bargain collectively or failing to bargain collectively in good faith with a public employer.

d)Discriminating against an employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony in any proceedings provided for in this part.

e)Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this paragraph shall subject the violator to the penalties provided in this part.

f)Instigating or advocating support, in any positive manner, for an employee organization’s activities from high school or grade school students or students in institutions of higher learning.

g)Notwithstanding the provisions of subsections (1) and (2), the parties’ rights of free speech shall not be infringed, and the expression of any arguments or opinions shall not constitute, or be evidence of, an unfair employment practice or of any other violation of this part, if such expression contains no promise of benefits or threat of reprisal or force.

Florida Statutes: Not Like Baseball!

447.505 Strikes prohibited.—No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this part.

Florida Statutes: Union No-No’s

447.509 Other unlawful acts.—1.Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited

from:

a)Soliciting public employees during working hours of any employee who is involved in the solicitation.

b)Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or in such areas not specifically devoted to the performance of the employee’s official duties.

c)Instigating or advocating support, in any positive manner, for an employee organization’s activities from high school or grade school students during classroom time.

2.No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this part.

3.The circuit courts of this state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by his or her public employer, notwithstanding further provisions of law, and notwithstanding the provisions of any collective bargaining agreement.

Title XLVIIIK-20 EDUCATION CODE

PART III

PUBLIC SCHOOLSPERSONNEL(ss. 1012.21-

1012.799)

Chapter 1012

PERSONNEL

Florida Statutes: 1012.21 Department of Education duties

K-12 personnel.

1. Periodic criminal history record checks

2. Computer database of certain persons whose employment was terminated.

a) The Department of Education shall establish a computer database containing the names of persons whose employment is terminated under s. 1012.33(1)(a) or (4)(c), which information shall be available to the district school superintendents and their designees.

b) Each district school superintendent shall report to the Department of Education the name of any person terminated under s. 1012.33(1)(a) or (4)(c) within 10 working days after the date of final action by the district school board on the termination, and the department shall immediately enter the information in the computer records.

3. Suspension or denial of teaching certificate due to child support delinquency.

Florida Statutes: Types of School Employees

1. SCHOOL OFFICERS – State level

2. INSTRUCTIONAL PERSONNEL •Classroom teachers.—basic instruction, exceptional student education, career education, and adult education, including substitute teachers.•Student personnel services.—advising students: certified school counselors, social workers, career specialists, and school psychologists.•Librarians/media specialists.—school library media services. •Other instructional staff.—Included in this classification are primary specialists, learning resource specialists, instructional trainers, adjunct educators certified pursuant to s. 1012.57•Education paraprofessionals.—under the direct supervision of an instructional staff member, aiding the instructional process.

1012.01 Definitions.—As used in this chapter, the following terms have the following meanings:

It takes a BIG VILLAGE3.ADMINISTRATIVE PERSONNEL.—“Administrative personnel” includes K-12

personnel who perform management activities such as district school superintendents, assistant superintendents, deputy superintendents, school principals, assistant principals, career center directors, and others who perform management activities.

4.EDUCATIONAL SUPPORT EMPLOYEES.—“Educational support employees” means K-12 employees whose job functions are neither administrative nor instructional, yet whose work supports the educational process.

•Other professional staff or nonadministrative/noninstructional employees such as doctors, nurses, attorneys, certified public accountants, and others appropriate to the classification.

•Technicians occupations require a combination of knowledge and manual skill which can be obtained through about 2 years of post-high school education

•Clerical/secretarial workers are individuals whose job requires skills and training in clerical-type work. Included in this classification are secretaries, bookkeepers, messengers, and office machine operators.

•Skilled crafts workers are individuals who perform jobs which require special manual skill

•Service workers are staff members performing a service for which there are no formal qualifications, including custodians, security personnel, cafeteria workers.

5.MANAGERS.—“Managers” includes those K-12 staff members who perform managerial and supervisory functions while usually also performing general operations functions.

So why would we want to terminate people?

Just because!

Florida’s Zipper Statute: Just Cause

1012.33 Contracts with instructional staff, supervisors, and school principals.

All contracts…shall contain provisions for dismissal during the term of the contract for just cause. Just cause, includes, but is not limited to…

• Misconduct in office

• Incompetency

• Gross insubordination

• Willful neglect of duty

• Conviction of a crime involving moral turpitude

Just (be)cause: Causes for Termination

• RIF – Reduction in Force (economically based)• Immorality – Nexus principle – does the teacher’s

conduct affect their credibility/performance in school and in the community?

• Insubordination - willful disregard by a teacher of the explicit or implicit directions of an administrator, assuming that the administrator has the right and the responsibility to provide those directions

• Incompetence - lack of ability, legal qualifications, or fitness to discharge the required duty

• Neglect of duty - individual had a legal duty to perform in a certain way and failed to do so

• Moral turpitude – (see next slide!)

Moral Turpitude• Rules of the Florida Administrative Code do not provide a definition of

“good moral character”. However, Rule 6B-4.009(6)FAC, defines moral turpitude as:

• “ {A} crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes moral turpitude.”

• The Florida Supreme Court in Florida Board of Bar Examiners, 364 So.2d, 454, 458 (FL 1978) found that,

• “A lack of “good moral character” should not be restricted to those acts that reflect moral turpitude. A more appropriate definition of the phrase requires an inclusion of acts and conduct which would cause a reasonable man to have substantial doubts about an individual’s honesty, fairness and respect for the rights of others and for the laws of the state and nation.”

Florida Statute:Education Practices Commission

1012.79 Education Practices Commission; organization.—

(1) The Education Practices Commission consists of 25 members, including 8 teachers; 5 administrators, at least one of whom shall represent a private school; 7 lay citizens, 5 of whom shall be parents of public school students and who are unrelated to public school employees and 2 of whom shall be former district school board members; and 5 sworn law enforcement officials, appointed by the State Board of Education from nominations by the Commissioner of Education and subject to Senate confirmation. 

The Educational Practices CommissionThe duties and responsibilities of the commission are to:

• Interpret and apply the standards of professional practice established by the State Board of Education.

• Revoke or suspend a certificate or take other appropriate action

• Report to and meet with the State Board of Education at least once each year.

• Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

• A majority of a quorum of a panel of the commission shall have final agency authority in all cases involving the revocation, suspension, or other disciplining of certificates of teachers and school administrators. A majority of the membership of the panel shall constitute a quorum. The district school board shall retain the authority to discipline teachers and administrators pursuant to law.

Are You Down With the EPC?Yeah! You Know Me!

1012.795 Education Practices Commission; authority to discipline.—

The Education Practices Commission may suspend the educator certificate of any person as defined in s. 1012.01 (2) or (3) for up to 5 years, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for that period of time, after which the holder may return to teaching as provided in subsection (4); may revoke the educator certificate of any person, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for up to 10 years, with reinstatement subject to the provisions of subsection (4); may revoke permanently the educator certificate of any person thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students; may suspend the educator certificate, upon an order of the court or notice by the Department of Revenue relating to the payment of child support; or may impose any other penalty provided by law, if the person:

Causes of Revocation of Certificate • Obtained or attempted to obtain an educator certificate by fraudulent means.

• Knowingly failed to report actual or suspected child abuse as required in s. 1006.061 or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student as required in s. 1012.796.

• Has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school.

• Has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education.

• Has had an educator certificate sanctioned by revocation, suspension, or surrender in another state.

• Has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation.

• Upon investigation, has been found guilty of personal conduct that seriously reduces that person’s effectiveness as an employee of the district school board.

• Has breached a contract, as provided in s. 1012.33(2) or s. 1012.335.• Has been the subject of a court order or notice by the Department of

Revenue pursuant to s.409.2598 directing the Education Practices Commission to suspend the certificate as a result of noncompliance with a child support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue.

So many reasons! So little time!

• Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.

• Has otherwise violated the provisions of law, the penalty for which is the revocation of the educator certificate.

• Has violated any order of the Education Practices Commission.

• Has been the subject of a court order or plea agreement in any jurisdiction which requires the certificate holder to surrender or otherwise relinquish his or her educator’s certificate. A surrender or relinquishment shall be for permanent revocation of the certificate. A person may not surrender or otherwise relinquish his or her certificate prior to a finding of probable cause by the commissioner as provided in s. 1012.796.

• Has been disqualified from educator certification under s. 1012.315.

Florida Statute: on the conviction of felony charges

1012.797.— Notification of district school superintendent of certain charges against or convictions of employees.—

(1) Notwithstanding the provisions of s. 985.04(7) or any other provision of law to the

contrary, a law enforcement agency shall, within 48 hours, notify the appropriate district school superintendent of the name and address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. The notification shall include the specific charge for which the employee of the school district was arrested. Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university lab schools, and private elementary and secondary schools.(2) Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the district school superintendent pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.

Florida Statutes: So you really want to be a principal?

• 1012.799 Reporting certain offenses.—Instructional personnel or administrative personnel having knowledge that a sexual battery has been committed by a student upon another student must report the offense to a law enforcement agency having jurisdiction over the school plant or over the place where the sexual battery occurred if not on the grounds of the school.

Florida Statutes: 1012.315 Disqualification from Employment

Any felony offense prohibited under any of the following statutes• Section 393.135, relating to sexual misconduct with certain

developmentally disabled clients and reporting of such sexual misconduct.

• Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

• Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

• Section 782.04, relating to murder.• Section 782.07, relating to manslaughter, aggravated

manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

• Section 784.021, relating to aggravated assault.• Section 784.045, relating to aggravated battery.• Section 784.075, relating to battery on a detention or commitment

facility staff member or a juvenile probation officer.• Section 787.01, relating to kidnapping.• Section 787.02, relating to false imprisonment.• Section 787.025, relating to luring or enticing a child. 

Florida Statutes: 1012.315Any felony offense prohibited under any of the following

statutes• Section 787.04 (2), relating to leading, taking, enticing, or

removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.

• Section 787.04 (3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.

• Section 790.115 (1), relating to exhibiting firearms or weapons at a school-sponsored event, on school property, or within 1,000 feet of a school.

• Section 790.115 (2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon at a school-sponsored event or on school property.

• Section 794.011, relating to sexual battery.• Former s. 794.041, relating to sexual activity with or

solicitation of a child by a person in familial or custodial authority.

• Section 794.05, relating to unlawful sexual activity with certain minors.

• Section 794.08, relating to female genital mutilation.• Chapter 796, relating to prostitution.• Chapter 800, relating to lewdness and indecent exposure.

Florida Statutes: 1012.315• Section 806.01, relating to arson.• Section 810.14, relating to voyeurism.• Section 810.145, relating to video voyeurism.• Section 812.014(6), relating to coordinating the commission of theft in

excess of $3,000.• Section 812.0145, relating to theft from persons 65 years of age or older.• Section 812.019, relating to dealing in stolen property.• Section 812.13, relating to robbery.• Section 812.131, relating to robbery by sudden snatching.• Section 812.133, relating to carjacking.• Section 812.135, relating to home-invasion robbery.• Section 817.563, relating to fraudulent sale of controlled substances.• Section 825.102, relating to abuse, aggravated abuse, or neglect of an

elderly person or disabled adult.• Section 825.103, relating to exploitation of an elderly person or disabled

adult.• Section 825.1025, relating to lewd or lascivious offenses committed upon

or in the presence of an elderly person or disabled person.• Section 826.04, relating to incest.• Section 827.03, relating to child abuse, aggravated child abuse, or neglect

of a child.• Section 827.04, relating to contributing to the delinquency or dependency

of a child.

Florida Statutes: 1012.315• Section 827.071, relating to sexual performance by a child.• Section 843.01, relating to resisting arrest with violence.• Chapter 847, relating to obscenity.• Section 874.05, relating to causing, encouraging, soliciting, or

recruiting another to join a criminal street gang.• Chapter 893, relating to drug abuse prevention and control, if the

offense was a felony of the second degree or greater severity.• Section 916.1075, relating to sexual misconduct with certain forensic

clients and reporting of such sexual misconduct.• Section 944.47, relating to introduction, removal, or possession of

contraband at a correctional facility.• Section 985.701, relating to sexual misconduct in juvenile justice

programs.• Section 985.711, relating to introduction, removal, or possession of

contraband at a juvenile detention facility or commitment program.• Any misdemeanor offense prohibited under any of the following statutes:

(a)Section 784.03, relating to battery, if the victim of the offense was a minor.

• Section 787.025, relating to luring or enticing a child.• Any criminal act committed in another state or under federal law

which, if committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).

• Any delinquent act committed in this state or any delinquent or criminal act committed in another state or under federal law which, if committed in this state

Due Process in the Termination of Contracts

Require due process (although not always necessary)

1. Timely and adequate notice with reasons

2. The opportunity to be heard

3. The opportunity to confront and cross-examine witnesses

4. The opportunity to present oral arguments and evidence

5. The right to counsel

6. The right to an impartial decisionmaker

7. A statement from the decisionmaker of the reasons for dismissing the employee and the evidence relied upon to make that decision

8. A final decision resting solely on the legal rule of evidence cited at the hearing.

Termination of Contracts Website

www.sureyrios.weebly.com