Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MALACHI JEROME HENRY
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Oct. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 2, 2009.
Latest Update: Dec. 24, 2024
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
Issue Date |
Proceedings |
Feb. 23, 2010 |
(Proposed) Order Granting Consent Motion to Withdraw filed.
|
Feb. 23, 2010 |
Consented Motion to Withdraw as Counsel for Respondent filed.
|
Dec. 02, 2009 |
Order Relinquishing Jurisdiction, Canceling Hearing, and Closing File. CASE CLOSED.
|
Nov. 19, 2009 |
Motion to Compel Responses to Petitioner's First Set of Interrogatories and Petitioner's Request for Production filed.
|
Nov. 19, 2009 |
Petitioner's Motion to Deem Petitioner's Requests for Admissions to Respondent as Admitted filed.
|
Nov. 17, 2009 |
Order to Show Cause.
|
Nov. 12, 2009 |
Notice of Filing Exhibits in Support of Motion for Order that Respondent is not Eligible for Educator Certification and Relinquishing Jurisdiction to the Education Practices Commission filed.
|
Nov. 06, 2009 |
Petitioner's Motion for Order that Respondent is Ineligible for Educator Certification and Relinquishing Jurisdiction to the Education Practices Commission filed.
|
Oct. 27, 2009 |
Order Denying Request for Abatement.
|
Oct. 27, 2009 |
Amended Notice of Taking Deposition filed.
|
Oct. 26, 2009 |
Petitioner's Objection to Respondent's Amended Motion to Abate Proceeding filed.
|
Oct. 23, 2009 |
Amended Motion to Abate Proceeding filed.
|
Oct. 21, 2009 |
Motion to Abate Proceedings filed.
|
Oct. 13, 2009 |
Certificate of Service of Discovery filed.
|
Oct. 12, 2009 |
Order of Pre-hearing Instructions.
|
Oct. 12, 2009 |
Notice of Hearing by Video Teleconference (hearing set for December 14, 2009; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Oct. 09, 2009 |
Notice of Taking Deposition filed.
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Oct. 09, 2009 |
Unilateral Response to Initial Order filed.
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Oct. 05, 2009 |
Initial Order.
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Oct. 05, 2009 |
Administrative Complaint filed.
|
Oct. 05, 2009 |
Election of Rights filed.
|
Oct. 05, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Oct. 05, 2009 |
Agency referral filed.
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