STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JEANINE BLOMBERG, as 6 4 . 3 Yd Commissioner of Education, Petitioner, vs. CASE NO. 056-3635-S HENRY FRANK MICHAELS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against HENRY FRANK MICHAELS. 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 717887, covering the area of General Science, which is valid through June 30, 2007. 2. At ali times pertinent hereto, the Respondent was employed as a Science Teacher at University High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the fall 2000 semester, Respondent inappropriately touched N.C., a fourteen- year-old, female student, by massaging her shoulders and back and placing his hand on her thigh for an extended period of time. 4. During the 2005/2006 school year, Respondent inappropriately touched female students in his classes by massaging their shoulders and backs and touching their legs. Additionally, Respondent sent A.A., a fourteen-year-old, female student, a personal Valentine card with the following message: “Even though I’m the LAST RESORT Happy Valentine’s Day Love Mr. HENRY FRANK MICHAELS Administrative Complaint Page 2 of 3 Michaels.” 5. During the spring 2006 semester, Respondent accessed pornographic websites on his school issued computer while on school premises. Some of these sites depicted teenage girls engaging in sexual acts. 6. On or about May 25, 2006, Respondent resigned in lieu of termination from his teaching position with the district. 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 his effectiveness as an employee of the school board. COUNT3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS 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)ig), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shail make reasonable effort to assure that each student is protected from harassment or discrimination. (SIGNATURE ON FOLLOWING PAGE) HENRY FRANK MICHAELS 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 ora 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 174 | day of June , 2007. t KaNnear BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 09-002836PL