DOCKET NO. 341-TTC-793
TEXAS EDUCATION AGENCY§ BEFORE THE STATE
DIVISION OF EDUCATOR §
PREPARATION AND §
CERTIFICATION§
Petitioner§
V.§ COMMISSIONER OF EDUCATION
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WILLIAM RAY PARMER§ STATE OF TEXAS
Respondent
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner brings this action seeking revocation of Texas Teacher Certificate No. 451-19-4439 based upon Respondent’s felony conviction for Sexual Assault. By his Answer filed on or about August 20, 1993, Respondent stated that he did not contest the Complaint, and joined with the Petitioner in the Motion for Agreed Judgment on the Pleadings. The hearing in this cause previously scheduled for October 12, 1993 at 9:00 a.m. was cancelled on the motion of James C. Thompson, the Administrative Law Judge appointed by the State Commissioner of Education. Ms. Maggie H. Montelongo, Attorney at Law, represented Petitioner; Respondent is represented by Mr. Steve Robertson, Attorney at Law.
On October 25, 1994, the Administrative Law Judge issued a Proposal for Decision recommending that Respondent’s teaching credentials 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 is the holder of Texas Teacher Certificate Number 451-19-4439. (Record).
2. On or about August 13, 1992, Respondent was employed as a public school teacher at Meridian High School in the Meridian Independent School District, Meridian, Bosque County, Texas. (Record).
3. On or about August 13, 1992, in Bosque County, Texas, Respondent did then and there intentionally and knowingly cause the penetration of the female sexual organ of DIANA DAWN KLOSE, a child, by Respondent’s sexual organ. (Record).
4. On or about June 30, 1993, in Cause Number 93-02-11631-BCCR before the 220th Judicial District Court of Bosque County, Texas, the Court found Respondent guilty of the felony criminal offense of Sexual Assault. (Record).
5. On or about June 30, 1993, in Cause Number 93-02-11631-BCCR before the 220th Judicial District Court of Bosque County, Texas, the Court sentenced Respondent to ten (10) years confinement in prison and assessed a fine in the amount of $2000. The sentence was suspended, and Respondent was placed on ten (10) years probation. (Record).
6. Pursuant to his conviction, Respondent surrendered Texas Teacher Certificate Number 451-19-4439 to the 220th Judicial District Adult Probation office in Bosque County, Texas. (Record).
7. The criminal case against Respondent, styled State of Texas vs. William Ray Parmer, Jr., cause number 93-02-11631-BCCR before the 220th Judicial District Court of Bosque County, Texas, is in all respects finally adjudicated. (Record).
8. Respondent has admitted to the allegations contained in the Complaint and Petition for Revocation of Texas Teacher Certificate No. 451-19-4439, and will agree to entry by the Commissioner of an order granting the relief sought by Petitioner. (Record).
Discussion
The facts are agreed in this case, and Respondent has voluntarily surrendered his teaching certificate. Further, Respondent agrees to the sanction proposed by Petitioner.
In prior instances, the Commissioner has determined, and rendered, an educator to be unworthy to instruct the youth of this state by virtue of the educator having engaged in sexual contact with a minor. TEA/DTR v. Doyle Tunnie Motes, No. 218-TTC-391 (1991); TEA/DTR v. James H. Hogue, No. 221-TTC-391; TEA/DTR v. William Vail Luhrsson, No. 161-TTC-191 (1991); TEA/DEPR v. David Maldonado, No. 390-TTC-892; TEA/DEPR v. John Taylor Norris, No. 364-TTC-792 (1992); TEA/DEPR v. Donald Eugene Reggins, No. 157-TTC-192 (1992); TEA/DEPR v. Roberto Gamez Sardaneta, No. 339-TTC-792 (1992); TEA/DEPR v. Jerry Clair Asher, No. 198-TTC-393 (1993); TEA/DEPC v. Daniel Emil McKamie, No. 227-TTC-592 (1994). The Commissioner of Education has further held sexual contact with a minor to be intolerable conduct of educators within the state of Texas. TEA/DEPR v. Louis Jackson, No. 199-TTC-391 (1993) and TEA/DTR v. Andrew Charles Tone, No. 184-TTC-291 (1991), and that such conduct renders the perpetrator unworthy to instruct the youth of this state. TEA/DTR v. David Eugene Wayne, No. 063-TTC-1091 (1992).
Respondent’s teaching credentials 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 State Commissioner of Education, I make the following Conclusions of Law:
1.The State Commissioner of Education has jurisdiction over the issues in this case pursuant to Texas Educ. Code §§ 11.51, 11.52 and 13.046.
1.Respondent is unworthy to instruct the youth of this state.
2.Petitioner's request for sanctions of Respondent's credentials should be GRANTED.
3.Respondent's credentials should be REVOKED.
4.Respondent should be ORDERED to surrender the original and all copies of Texas Teacher Certificate Number 451-19-4439, and any other education credentials issued by the Commissioner of Education to Respondent.
5.Petitioner Texas Education Agency, Division of Educator Personnel Records, should be ORDERED to issue appropriate notices of this action.
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. 451-19-4439, and any other education credentials issued by the Commissioner of Education to Respondent be, and is hereby, REVOKED; and,
FURTHER ORDERED that Respondent surrender the original and all copies of Texas Teacher Certificate No. 451-19-4439, and any other education credentials issued by the Commissioner of Education to Respondent to the Texas Education Agency, Division of Educator Preparation and Certification; and,
FURTHER ORDERED that Petitioner Texas Education Agency, Division of Educator Preparation and Certification, issue appropriate notice of this action; and,
FURTHER ORDERED that Petitioner’s request be, and is hereby, GRANTED.
SIGNED AND ISSUED this ______day of ______, 1995.
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LIONEL R. MENO
COMMISSIONER OF EDUCATION
341-TTC-793-1-