#147-TTC-191
#147-TTC-191 --
DOCKET NO. 147-TTC-191
TEXAS EDUCATION AGENCY, + BEFORE THE STATE
DIVISION OF TEACHER RECORDS +
+
V. + COMMISSIONER OF EDUCATION
+
+
MAJOR CARL HENDERSON, III + 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 Major Carl Henderson, III be sanctioned due to
his 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 20, 1991, the Hearing Officer issued a Proposal
for Decision recommending that Petitioner's appeal be
granted and that Respondent's Texas Teaching Certificate No.
XXX-XX-XXXX and all other education credentials held by
Respondent 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 January 9, 1991, Respondent was directed by
first class and certified mail to answer Petitioner's
allegations. On January 12, 1991, Respondent received
actual notice of the institution of the appeal to sanction
his 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 and admitted. (Official Notice; Record).
5. On or about February 7, 1990, in Cause No. 515893
before the 183rd District Court of Harris County, Texas,
Respondent was convicted of the felony criminal offense of
Indecency With a Child. (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.
Respondent engaged in sexual contact with a child. The
safety of a 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 admitted. Petitioner's request
for the cancellation of Respondent's certificates should be
GRANTED and 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 his 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 Major Carl Henderson, III, holder of
Texas Teaching Certificate No. XXX-XX-XXXX, is unworthy to
instruct the youth of this state by virtue of his conviction
of the felony criminal offense of Indecency With a Child.
4. Respondent's Texas Teaching Certificate No.
XXX-XX-XXXX and all other education credentials held by
Respondent should 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 Teaching 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 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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