#165-TTC-192 .tx.us



#165-TTC-192 --

DOCKET NO. 165-TTC-192

TEXAS EDUCATION AGENCY, DIVI- + BEFORE THE STATE

SION OF EDUCATIONAL PERSONNEL +

RECORDS +

+ COMMISSIONER OF EDUCATION

V. +

+

HARVEY LAVERN DIXON + THE STATE OF TEXAS

DECISION OF THE COMMISSIONER

Statement of the Case

Petitioner Texas Education Agency, Division Of

Educational Personnel Records requests that the educational

teaching credentials of Harvey Lavern Dixon, Respondent, be

sanctioned due to Respondent's alleged unworthiness to

instruct the youth of this state under 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 timely answer and has failed to

appear.

On May 12, 1992, 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 were filed.

Findings of Fact

After due consideration of the evidence and matters

officially noticed, in my capacity as State Commissioner of

Education, I make the following Findings of Fact:

1. Respondent Harvey Lavern Dixon is the holder of

Texas Teacher Certificate No. XXX-XX-XXXX duly issued under

the provisions of the Texas Education Code and its

predecessor statutes. (Official notice; admitted).

2. Respondent failed to appear after due notice and

failed to timely filed his answer as required by 19 T.A.C.

+157.11. Petitioner's Motion to Deem Admitted all well pled

allegations is granted. All well pled allegations are

deemed true and admitted. (19 T.A.C. +157.66(c), 157.10(c)).

3. At approximately 2:00 p.m. on or about October 1,

1990 at the administration building of the Hardin-Jefferson

Independent School District, located at 129 East Herring,

Sour Lake, Hardin County, Texas 77659, Respondent did then

and there intentionally cause the death of an individual,

Roderick Boyd Hill, by shooting Roderick Boyd Hill with a

deadly weapon, to wit: a firearm. (Admitted).

4. On October 1, 1990, Respondent was employed by the

Hardin-Jefferson Independent School District as a

vice-principal assigned to the Hardin-Jefferson High School

campus. (Admitted).

5. On October 1, 1990, Roderick Boyd Hill was

employed by the Hardin-Jefferson Independent School District

as the Director of Instruction for the Hardin-Jefferson

Independent School District. (Admitted).

6. Based upon Respondent's conduct as set forth in

Finding of Fact No. 3, on or about August 23, 1991, the

Grand Jury of the 356th Criminal District Court of Hardin

County, Texas, returned a True Bill of Indictment, No.

12103, charging Respondent with the felony criminal offense

of murder, a violation of Tex. Penal Code +19.02, in that on

or about October 1, 1990, in Hardin County, Texas Respondent

did then and there intentionally and knowingly cause the

death of Roderick Boyd Hill, by shooting him with a deadly

weapon, to wit: a firearm. (Admitted; Ex. A).

7. Based on Respondent's conduct as set forth in

Finding of Fact No. 3, on or about December 11, 1991, in

Cause No. 91CR1128 before the 10th Judicial District Court

of Galveston County, Texas, Respondent did plead guilty to

the reduced second degree felony charge of voluntary

manslaughter. (Admitted).

8. Based on Respondent's conduct as set forth in

Finding of Fact No. 3, on or about December 11, 1991, in

Cause No. 91CR1128 the 10th Judicial District Court of

Galveston County, Texas, did file its affirmative finding of

a deadly weapon. (Admitted; Ex. B).

8. Based on Respondent's conduct as set forth in

Finding of Fact No. 3, on or about December 11, 1991, in

Cause No. 91CR1128 the 10th Judicial District Court of

Galveston County, Texas, did adjudge Respondent guilty of

the felony offense of voluntary manslaughter, a violation of

Tex. Penal Code +19.04. (Admitted; Ex. B, page 2).

9. Based on Respondent's conduct as set forth in

Finding of Fact No. 3, on or about December 11, 1991, in

Cause No. 91CR1128 the 10th Judicial District Court of

Galveston County, Texas, did sentence Respondent to serve

twenty (20) years at the Institutional Division of the Texas

Department of Criminal Justice. (Admitted; Ex. B).

10. Respondent is in the custody of the Institutional

Division of the Texas Department of Criminal Justice as

sentenced. (Admitted).

Discussion

Conviction of the felony offense of voluntary

manslaughter renders a certificate holder unworthy to

instruct the youth of this state. Further, Tex. Rev. Civ.

Stat. Ann. art. 6252-13 and its implementing regulation 19

T.A.C. +141.5 require that a certificate holder's license be

revoked upon incarceration for conviction of voluntary

manslaughter.

Conclusions of Law

After due consideration of the record, matters

officially noticed, and the foregoing Findings of Fact, in

my capacity as State Commissioner of Education, I make the

following Conclusions of Law:

1. The Commissioner of Education has jurisdiction

over the instant appeal pursuant to Tex. Educ. Code +13.046.

2. Petitioner's Motion to Deem Allegations as True

and Admitted is hereby GRANTED.

3. Respondent Harvey Lavern Dixon, holder of Texas

Teacher Certificate No. XXX-XX-XXXX, is unworthy to

instruct the youth of this state by virtue of his action

intentionally and knowingly cause the death of an individual

by shooting the individual with a deadly weapon, to wit: a

firearm.

4. Respondent Harvey Lavern Dixon, holder of Texas

Teacher Certificate No. XXX-XX-XXXX, has been convicted of

a felony and must have his Texas Teacher Certificate

revoked. Tex. Rev. Civ. Stat. Ann. art. 6252-13c.

5. Respondent's Texas Teachers Certificate No.

XXX-XX-XXXX should be REVOKED.

7. Respondent should return the teacher's copy of

Respondent's Texas Teacher Certificate to the Texas

Education Agency, Division of Educational Personnel Records.

8. The Texas Education Agency, Division of

Educational Personnel Records should prepare and distribute

appropriate notices notifying the public of the revocation

of Respondent's teacher certificate.

7. Petitioner's request 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 State Commissioner of

Education, it is hereby

ORDERED that Respondent's Texas Teacher Certificate No.

XXX-XX-XXXX be, and is hereby, REVOKED.

IT IS FURTHER ORDERED that Respondent immediately

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

Certificate to the Texas Education Agency, Division of

Educational Personnel Records.

IT IS FURTHER ORDERED that the Texas Education Agency,

Division of Educational Personnel Records prepare and

distribute notices notifying the public of the revocation of

Respondent's Texas Teacher Certificate.

IT IS FURTHER ORDERED that Petitioner's request be, and

is hereby, GRANTED.

SIGNED AND ISSUED this ______ day of ________________,

1992.

______________________________

LIONEL R. MENO

COMMISSIONER OF EDUCATION

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