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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JENNIFER LEIGH-MANUELL, 09-000824PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000824PL Visitors: 5
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: JENNIFER LEIGH-MANUELL
Judges: JEFF B. CLARK
Agency: Department of Education
Locations: Viera, Florida
Filed: Feb. 13, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 2, 2009.

Latest Update: Jul. 04, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as 0 4: 0 \3 4? L Commissioner of Education, Petitioner, vs. ; CASE NO. 067-4038-F JENNIFER ROSE LEIGH-MANUELL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Conimissioner of Education, files this Administrative Complaint against JENNIFER ROSE LEIGH-MANUELL. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 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 977420, covering the area of Physics, which is valid through June 30, 2008. : 2. Atall times pertinent hereto, the Respondent was employed as a Physics Teacher at Edgewood Junior High School in the Brevard County School District. MATERIAL ALLEGATIONS 3. During Spring 2007 semester, Respondent engaged in an inappropriate sexual relationship with S.H., a seventeen-year-old, male student. On 5 separate occasions, Respondent was alone with S.H. in her car when she masturbated him to the point of ejaculation and allowed him to digitally penetrate her vagina. On or about March 15, 2007, Respondent’s principal directed her to disassociate herself from S.H. outside the classroom setting. On or about April 4, 2007, Respondent resigned in lieu of termination from her teaching position with the district. JENNIFER ROSE LEIGH-MANUELL Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 4: 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 5: 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a Wore = student for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) JENNIFER ROSE LEIGH-MANUELL Administrative Complaint Page 3 of 3 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; 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_}% ee day of Decembar , 2001. Commissioner of Education State of Florida

Docket for Case No: 09-000824PL
Issue Date Proceedings
Jun. 02, 2009 Order Closing File. CASE CLOSED.
May 26, 2009 Motion to Close File filed.
May 12, 2009 Case Status filed.
Apr. 30, 2009 Order Granting Continuance (parties to advise status by May 11, 2009).
Apr. 30, 2009 Petitioner`s Motion Requesting That Witness, Deputy Ronald Smith, Testify at a Later Date, or in the Alternative, Motion for Continuance filed.
Apr. 30, 2009 Agency`s court reporter confirmation letter filed with the Judge.
Apr. 23, 2009 Notice of Taking Deposition (of E. Honkonen) filed.
Apr. 23, 2009 Notice of Taking Deposition (of C. Honkonen) filed.
Apr. 23, 2009 Notice of Taking Deposition (of S. Honkonen) filed.
Apr. 22, 2009 Petitioner`s Pre-hearing Statement filed.
Apr. 22, 2009 Order Denying Motion to Compel.
Apr. 21, 2009 Respondent's Pre-hearing Statement filed.
Apr. 20, 2009 Respondent's Response in Opposition to Petitioner's Motion to Compel filed.
Apr. 16, 2009 Petitioner`s Motion to Compel filed.
Apr. 06, 2009 Undeliverable envelope returned from the Post Office.
Apr. 01, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 4, 2009; 9:00 a.m.; Viera, FL).
Mar. 31, 2009 Notice of Taking Deposition (of S. Honkonen) filed.
Mar. 31, 2009 Notice of Taking Deposition ( of J. Leigh-Manuell) filed.
Mar. 30, 2009 Unopposed Motion for Continuance filed.
Mar. 26, 2009 Notice of Transfer.
Mar. 25, 2009 Respondent`s Notice of Service of Answers to Interrogatories and Request for Production filed.
Mar. 25, 2009 Respondent`s Responses to Petitioner`s Request for Admissions filed.
Feb. 26, 2009 Notice of Service of Interrogatories and Request for Production filed.
Feb. 25, 2009 Notice of Substitution of Counsel (filed by J. Stewart).
Feb. 24, 2009 Notice of Transfer.
Feb. 24, 2009 Order of Pre-hearing Instructions.
Feb. 24, 2009 Notice of Hearing (hearing set for April 9, 2009; 9:00 a.m.; Viera, FL).
Feb. 23, 2009 Certificate of Service of Discovery filed.
Feb. 23, 2009 Joint Response to Initial Order filed.
Feb. 13, 2009 Initial Order.
Feb. 13, 2009 Administrative Complaint filed.
Feb. 13, 2009 Election of Rights filed.
Feb. 13, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 13, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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