Initially I thought this was going to be some type of "Discover Scuba" in about 10' (assuming this instructor didn't have a pool for confined work.) But when I saw that they went to 38' and stayed under for 45 minutes, I was shocked. As Jim said, it's disgusting and unfortunate.
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But, I think a line has been crossed when someone intentionally misleads someone else. Claiming to be a 'certified instructor' and then grossly violating standards for that certification would seem to me to be misleading.
Could we be specific about the standards being violated so grossly?
With PADI, an open water experience is optional for Discover Scuba Diving. If it is included, the maximum ratio for a certified instructor is 4:1. The maximum depth is 40 feet. There is no time limit on the dive.
Like Cave Diver, I have some concerns about the location for the dive, but what other standards were violated?