4#198-TTC-391



4#198-TTC-391 --

DOCKET NO. 198-TTC-391

TEXAS EDUCATION AGENCY, + BEFORE THE STATE

DIVISION OF TEACHER RECORDS +

+

V. + COMMISSIONER OF EDUCATION

+

+

MELANIE ARNETT DARTHARD + 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 Melanie Arnett Darthard 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 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 notice of the institution of the appeal

to sanction her certificates by first class mail. (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. 565502, charging Respondent with the

felony criminal offense of Injury to a Child. (Admitted).

7. On or about September 18, 1990, in Cause No.

565502 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. (Admitted).

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 fact 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 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 Melanie Arnett Darthard, 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, and are hereby, REVOKED.

IT IS FURTHER ORDERED that Respondent return the

teacher's copy of the Respondent's Texas Teacher Certificate

to the Texas Education Agency, Division of Teacher Records.

IT IS FURTHER ORDERED that the Texas Education Agency,

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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