#267-R2-887 .tx.us
#267-R2-887 --
DOCKET NO. 267-R2-887
GEORGE TAPLIN + BEFORE THE STATE
+
+
+
+ COMMISSIONER OF EDUCATION
V. +
+
FORT WORTH INDEPENDENT +
SCHOOL DISTRICT + THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner George Taplin appeals the decision of the
Fort Worth Independent School District board of trustees,
Respondent, to terminate his employment.
By the agreement of the parties, the appeal was
submitted on the local record for a substantial evidence
review. Joan Howard Allen is the Hearing Officer appointed
by the State Commissioner of Education. Petitioner is
represented by Michael P. Heiskell, Attorney at Law, Fort
Worth, Texas. Respondent is represented by David Chappell
and Jo Ann Wright, Attorneys at Law, Fort Worth, Texas.
On December 9, 1988, the Hearing Officer issued a
Proposal for Decision recommending to the State Commissioner
of Education that Petitioner's appeal be denied. 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. Petitioner was employed as a vice-principal at
Eastern Hills High School. (T. I:324).
2. Members of the custodial staff reported to
Petitioner that in the summer of 1986, a coach and a student
were seen having sex on school grounds. A second encounter
between a teacher and an ex-student which occurred in
December, 1987 was also reported to Petitioner. (T. I:301,
II:114). Petitioner did not report these allegations to his
principal as required by his job duties. (T. I:325, I:345,
Taplin Ex. G).
3. At the 1985 Valentine's Day dance, Petitioner
kissed a sophomore student, Student on the lips. (T.
I:32, I:36, I:42). During the fall of 1986, when Student
was an aide for Petitioner, Petitioner commented to the
student that she could make a good man go bad and that high
school students were too young for her. (T. I:34, I:35,
I:36). On March 26, 1987, Petitioner hugged and kissed
Student (T. I:36, I:38).
4. In the fall of 1986, Petitioner asked Student to
be his office aide. (T. I:62). On several occasions,
Petitioner hugged and kissed sixteen year old Student and
told her that she turned him on and that he was going to
make love to her. (T. I:61, I:64-65, I:66). Petitioner
often drove Student home after school and on one occasion
took her instead to his house where he laid her on the bed
and fondled her. (T. I:68-69). Student did not come
forward with this information; someone named her as a
potential victim and her testimony was sought. (T.
I:90-91).
5. Petitioner kissed Student, then a ninth grader,
several times on the lips while counseling her. (T.
I:153-154). During one session, Petitioner asked Student
if he would ever get a chance to have sex with her. (T.
I:155). In the spring of 1986, Student confided to the
band director that Petitioner was pursuing her; later, she
told the director that she had had sex with Petitioner. (T.
I:102-103, I:108-109, I:127).
6. When Student was a junior and was assigned to
be Petitioner's office assistant, she contacted Petitioner
on numerous occasions asking to come to Petitioner's house.
(T. I:156). Petitioner declined to invite Student to
his home several times; however, Petitioner eventually
permitted Student to visit his house, where he hugged
the student. (T. I:158). The next week, Student coaxed
Petitioner into having sexual intercourse with her.
Petitioner and Student engaged in similar activities on
other occasions. (T. I:158-159).
7. Student was also an office aide for Petitioner.
(T. I:236). Petitioner commented to Shanna, then a
freshman, that she could make a good man go bad. (T.
I:231-232). During Student sophomore and junior years,
Petitioner touched Student on her buttocks, breasts and other
parts of her body and hugged and kissed her. (T. I:233-236,
I:239). In September of 1986, Petitioner told Student in
telephone and personal conversations that they "could do
it," which Student understood to refer to engaging in sexual
intercourse. (T. I:237-238). Student also confided to the
band director and her choral teacher that Petitioner was
making advances toward her and that Student wanted to
tape-record their telephone conversations to trap
Petitioner. (T. I:111-112, I:132, I:189-189). In 1986,
Student asked Student to help her trap Petitioner for the
purpose of ending the harassment and the requests for sexual
intercourse; however, the other student declined. (T.
I:249, I:264).
8. Petitioner was notified on April 21, 1987 that the
superintendent had recommended to the Fort Worth ISD board
of trustees that Petitioner's employment be terminated for
just cause during the term of the contract for the following
reasons, as specified in board policy:
a. failure to fulfill established duties;
b. immorality;
c. neglect of duties;
d. failure to comply with official directives,
board policies and administrative procedures;
e. any other reason the board deems to be just
cause;
f. sexual harassment.
(Admin. Ex. 1).
Discussion
The record supports a finding that Respondent's
decision to terminate Petitioner for immorality is supported
by substantial evidence. Further, the record shows that the
decision to terminate was supported by a preponderance of
the evidence. Although the credibility of the students was
called into question and the record poorly developed in
regard to various versions of the facts and time sequences,
this Hearing Officer can only conclude that the course of
action described by the students did, in fact, occur. The
evidence is insufficient to establish that the four students
had conspired since the spring of 1986 to ruin Petitioner's
career by making unfounded sexual allegations against him.
Among the facts leading to the conclusions stated below
are that the students were selected to be Petitioner's
office aides, that Student was still concerned with
protecting Petitioner by stating that she pursued
Petitioner's attentions and that Student discussed her
concerns about Petitioner's advances a year before the
allegations came to light, that Student did not come forward
voluntarily with her allegations of Petitioner's sexual
misconduct and that Student attempt to "trap" Petitioner
was not to retaliate against Petitioner for imposing
disciplinary measures against her but rather to halt the
continuing stream of harassment.
The preponderance of the evidence also supports a
finding that Petitioner failed to comply with official
directives in that he did not report the custodians'
accounts of sexual activities on school grounds.
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. Petitioner did not to comply with official
directives when he failed to report that custodians had
observed sexual activities taking place on the campus.
2. Petitioner engaged in sexual intercourse with one
student under his jurisdiction and engaged in fondling a
total of four female students while employed as a
vice-principal by Respondent.
3. The conduct described in Conclusion of Law No. 2
constitutes a series of immoral acts.
4. Respondent's decision to terminate Petitioner's
employment was not arbitrary, capricious or unlawful and is
supported by substantial evidence.
5. Respondent's action to terminate Petitioner's
employment was proper based upon proof by a preponderance of
the evidence that Petitioner engaged in sexual activities
with students.
6. Respondent's action to terminate Petitioner's
employment was proper based upon proof by a preponderance of
the evidence that Petitioner failed to comply with official
directives.
7. Petitioner's appeal should be DENIED.
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 Petitioner's appeal be, and is hereby,
DENIED.
SIGNED AND ENTERED this ______ day of ________________,
19_____.
______________________________
W. N. KIRBY
COMMISSIONER OF EDUCATION
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