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Manatee County School Board votes 5-0 to terminate food-service worker after frontal-hug incident
Summary
The School Board of Manatee County voted unanimously Jan. 21 to terminate food-service worker David Gray after an administrative law judge found he hugged an elementary student from the front for more than 30 seconds, violating district policy and prior directives.
The School Board of Manatee County voted 5-0 Jan. 21 to terminate food-service worker David Gray after reviewing an administrative law judge's recommended order and district exceptions.
The decision concluded a personnel appeal filed under Florida Statute 120.57 arising from an incident the district says was captured on video showing Gray embrace a young elementary student from the front for roughly 30 seconds. The board accepted the superintendent's exceptions to the administrative law judge's recommendation and approved a final order terminating Gray effective Jan. 21, 2025.
District attorney Erin Jackson, speaking on behalf of Superintendent Wysong, told board members the video and the employee's record supported termination. "The video clearly shows that Mr. Gray approached the student ... and then he proceeds to hug her from the front, holding her for this extended period of time," Jackson said, arguing the conduct violated School Board Policy 4213 on student supervision and welfare and prior directives that told staff not to touch students in that manner.
An administrative law judge had recommended suspension without pay for 32 workdays. Board members were told they may accept, reject, or modify the ALJ's findings and conclusions under the statute governing administrative hearings. The district asked the board to reject the ALJ's disciplinary recommendation and instead issue a final order of termination; the board voted to do so after discussion and public record review.
Board member Heather Felton, who reviewed the deposition and the video, said the recording "made me uncomfortable" and cited earlier discipline in Gray's personnel file. The administrative-law record notes prior warnings and a specific letter of direction in 2019 restricting physical contact with students; the ALJ's recommended order cites discipline entries from 2019 through 2021. Board member Jeff Tatum said he reviewed the record and found, by a preponderance of the evidence, that the superintendent's recommendation was supported.
The hearing before the division of administrative hearings is recorded in DOA case number 24-001779. The board was told the respondent had been placed on suspension without pay pending the administrative process; the district counsel confirmed Gray was notified of the hearing by email and regular mail and that no documents were received from him for the Jan. 21 session. Gray was not present at the meeting.
A motion to approve the superintendent's recommendation of termination was made by Kennedy and seconded by Felton; the board voted 5-0 to approve the motion. After the vote the board adjourned the special session.
Procedural context: under Florida Statute 120.57 the School Board is the final decisionmaker on disciplinary matters after an administrative hearing and may adopt, reject, or modify an ALJ's findings and recommended order; board members were reminded they must have factual or legal bases to alter findings or conclusions. The ALJ's recommended suspension and the district's proposed final order were part of the record provided to the board prior to the meeting.
No further disciplinary details or appeals filings were stated at the meeting. The board did not discuss reinstatement, back pay, or potential civil remedies on the record during the session.
