STATE OF FLORIDA EDUCATION PRACTICES COMMISSION C DR. ERIC J. SMITH, as O 1 35 747 Commissioner of Education, Petitioner, vs. CASE NO. 078-1923 MALACHI JEROME HENRY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MALACHI JEROME HENRY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 445448, covering the areas of Physical Education and Driver Education, which is valid through June 30, 2010. 2. Atall times pertinent hereto, the Respondent was employed as a Drivers Education Teacher at Mandarin High Schoo! in the Duval County School District. MATERIAL ALLEGATIONS 3. In or around the 2006/2007 school year, the Respondent made inappropriate comments and touched female students inappropriately, as follows: A. Respondent made inappropriate comments to student C.K., such as asking squeezed C.K.’s buttocks while giving her a hug. MALACHI JEROME HENRY Administrative Complaint Page 2 of 4 B. Respondent (a driver’s education teacher) opened the car door of a car driven by D.L. (a female student), yelled “you’re getting car-jacked,” and started grabbing the student’s upper thigh around her private area. The Respondent repeatedly told D.L. she was pretty, hugged her, and touched her arms throughout the time she was in the class; Cc. On one occasion, the Respondent swung his arm back and forth and touch S.A.’s buttocks. On another occasion, the Respondent deliberately brushed up against S.A.’s chest. D. Respondent pushed female student D.S. out of the way of a car that was backing up. D.S. said “you don’t have to push me,” or words to that effect, to which Respondent replied, “Baby, I haven’t showed you rough, if you know what I mean,” or words to that effect. Respondent also asked D.S. if she was a virgin, if she liked older men, and if she and her mother “had the birds and the bees talk.” E. On one occasion, Respondent kissed student B.J. on the forehead and told her “Baby, you are a good help.” On a second occasion, the Respondent kissed B.J. on the hand and told her she was pretty. On a third occasion, Respondent spelled out “[B.] I love you” on his computer screen repeatedly as he and B.J. viewed the screen. 4. On or about July 26, 2007, the Respondent was arrested and charged with five counts of battery in violation of section 784.03(1)(a), Florida Statutes, as follows: Count 1 - victim C.K. Count 2 - victim D.L. Count 3 - victim S.A. Count 4 - victim D.S. Count 5 - victim B.J. 5. The Respondent was adjudicated guilty of Count 3, involving a misdemeanor charge of battery against a minor victim, S.A. The remaining allegations were dropped by nolle prosequi. 6. The Respondent’ s conviction for battery under section 784.03(1)(a), Florida Statutes, upon a victim who was a minor is a disqualifying offense under section 1012.315, F lorida Statutes, which renders the Respondent disqualified from educator certification. 7. The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. MALACHI JEROME HENRY Administrative Complaint Page 3 of 4 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent 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. COUNT 3: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT4: The Respondentis in violation of Section 1012.795(1)G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 5: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes. RULE VIOLATIONS COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3){a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) MALACHI JEROME HENRY Administrative Complaint Page 4 of 4 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice, assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this_2.8*° day of Woy , 2009. Commissioner of Education State of Florida

Docket for Case No: 09-005394PL