#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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