#201-TTC-391
#201-TTC-391 --
DOCKET NO. 201-TTC-391
TEXAS EDUCATION AGENCY, + BEFORE THE STATE
DIVISION OF TEACHER RECORDS +
+
V. + COMMISSIONER OF EDUCATION
+
+
CHRISTINE CROSS + THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner Texas Education Agency, Division of Teacher
Records requests that the teaching certificates of
Respondent Christine Cross be sanctioned due to her
unworthiness to instruct the youth of the state pursuant to
Tex. Educ. Code +13.046.
Joan Howard Allen is the Hearing Officer appointed by
the State Commissioner of Education. Petitioner is
represented by Terry J. Johnson, Attorney at Law, Austin,
Texas. Respondent failed to appear after due notice.
On May 1, 1991, the Hearing Officer issued a Proposal
for Decision recommending that Petitioner's appeal be
granted and Respondent's Texas Teacher Certificate be
revoked. No exceptions to the Proposal for Decision were
filed.
Findings of Fact
After due consideration of the evidence and matters
officially noticed, in my capacity as Interim Commissioner
of Education, I make the following Findings of Fact:
1. Respondent is the holder of Texas Teacher
Certificate No. XXX-XX-XXXX. (Admitted).
2. On March 5, 1991, Respondent was directed by first
class and certified mail to answer Petitioner's allegations.
Respondent received the certified mailing on March 9, 1991
and thus received actual notice of the institution of the
appeal to sanction her certificates. (Record).
3. Respondent failed or refused to submit a timely
Answer to Petitioner's Complaint. (Record).
4. By virtue of Respondent's failing to file a timely
answer, pursuant to 19 TAC ++157.10(c) and 157.66(c), all
well-pled allegations contained in the Complaint are deemed
true. (Official Notice; Record).
5. On or about May 22, 1990, Respondent did engage in
conduct that caused bodily injury to a child under the age
of fifteen (15) years of age, by intentionally and knowingly
hitting such child with a wooden paddle. (Admitted).
6. On or about May 28, 1990, the Grand Jury of the
228th District Court of Harris County, Texas issued a True
Bill of Indictment, No. 565503, charging Respondent with the
felony criminal offense of Injury to a Child. (Admitted).
7. On or about September 18, 1990, in Cause No.
565503 before the 178th District Court of Harris County,
Texas, Respondent did plead guilty to a reduced charge of
assault, a Class A misdemeanor, as charged in the
indictment.
8. On or about September 18, 1990, the 178th District
Court of Harris County, Texas did enter an order of
probation and deferment of adjudication of guilt, and did
place Respondent on probation for a period of one (1) year.
(Admitted).
Discussion
Respondent failed or refused to answer Petitioner's
Complaint; thus, all well-pled allegations are deemed
admitted for the purposes of issuing a decision.
Petitioner Texas Education Agency, Division of Teacher
Records has not made a recommendation as to the appropriate
sanction to be imposed on Respondent's teaching certificate
under Tex. Educ. Code +13.046. Thus, the decision maker must
review the facts contained in the Complaint and determine an
appropriate sanction.
Respondent engaged in conduct which resulted in bodily
injury to a child by hitting the child with a wooden paddle.
Although these facts may constitute corporal punishment and
thus be excused under the Penal Code, the fact that
Respondent was indicted and pled guilty to assault leads
this decision maker to conclude that the actions were not
legally excusable.
The safety of child is an educational as well as a
societal interest. The Commissioner should not allow
individuals who have physically harmed children to remain in
the profession without some mitigation of the facts deemed
admitted. Respondent's Texas Teaching Certificate No.
XXX-XX-XXXX should be revoked.
Conclusions of Law
After due consideration of the record, matters
officially noticed, and the foregoing Findings of Fact, in
my capacity as Interim Commissioner of Education, I make the
following Conclusions of Law:
1. The Commissioner of Education has jurisdiction
over this matter pursuant to Tex. Educ. Code ++11.13(a) and
13.046.
2. By Respondent's failure to timely file her answer
as required by 19 TAC ++157.10(c) and 157.66(c), all well
pled allegations contained in Petitioner's Complaint are
deemed true and deemed admitted.
3. Respondent Christine Cross, holder of Texas
Teaching Certificate No. XXX-XX-XXXX, is unworthy to
instruct the youth of this state by engaging in conduct
which resulted in injury to a child by hitting the child
with a wooden paddle.
4. Respondent's Texas Teaching Certificate No.
XXX-XX-XXXX and all other education credentials held by
Respondent be REVOKED.
5. Respondent should return the teacher's copy of
Respondent's Texas Teacher Certificate to the Texas
Education Agency, Division of Teacher Records.
6. The Texas Education Agency, Division of Teacher
Records should prepare and distribute appropriate notices
notifying the public of the revocation of Respondent's
teacher certificate.
7. Petitioner's appeal should be granted.
O R D E R
After due consideration of the record, matters
officially noticed, and the foregoing Findings of Fact and
Conclusions of Law, in my capacity as Interim Commissioner
of Education, it is hereby
ORDERED that Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX and all other education credentials held by
Respondent be REVOKED.
IT IS FURTHER ORDERED that Respondent return the
teacher's copy of Respondent's Texas Teacher Certificate to
the Texas Education Agency, Division of Teacher Records.
IT IS FURTHER ORDERED that The Division of Teacher
Records prepare and distribute appropriate notices notifying
the public of the revocation of Respondent's teacher
certificate.
IT IS FURTHER ORDERED that Petitioner's appeal be, and
is hereby, GRANTED.
SIGNED AND ISSUED this ______ day of ________________,
1991.
______________________________
THOMAS E. ANDERSON, JR.
INTERIM COMMISSIONER OF
EDUCATION
................
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