#053-TTC-1091 --
DOCKET NO. 053-TTC-1091
TEXAS EDUCATION AGENCY, + BEFORE THE STATE
DIVISION OF TEACHER RECORDS +
+
V. + COMMISSIONER OF EDUCATION
+
JERRY RALPH COTTINGAME +
+ THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
UPON MOTION FOR REHEARING
Statement of the Case
Petitioner, the Division of Teacher Records for the
Texas Education Agency, filed this action on October 7,
1991, requesting that Respondent's teaching credentials be
sanctioned due to conduct rendering Respondent unworthy to
instruct the youth of this state. Subsequently, this matter
was set for hearing on January 16, 1992, before Hearing
Officer Debra Ravel. Hearing Officer Maggie H. Montelongo
was assigned to replace Debra Ravel on January 8, 1992, and
the hearing was rescheduled to January 17, 1992, at the
parties' request.
Petitioner appeared through its counsel, Mr. Terry
Johnson, Attorney at Law from Austin, Texas. Respondent
appeared with his legal representative, Mr. Daniel Ortiz,
Attorney at Law from Arlington, Texas.
At hearing, the parties submitted stipulated evidence
and agreed upon the occurrence of events. Based on the
stipulated evidence submitted for consideration and the
agreement reached by the parties, Hearing Officer Montelongo
recommended on January 22, 1992, that Petitioner's request
be granted. No exceptions were filed. The Commissioner of
Education did not consent to the agreed suspension of
Respondent's certificate and Respondent's subsequent motion
for rehearing was granted. A rehearing was scheduled and
held on July 15, 1992, before Hearing Officer Montelongo,
who took evidence from the parties and forwarded the record
to the State Commissioner of Education.
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 Cottingame moved to disqualify the
State Commissioner of Education and Hearing Officer Maggie
H. Montelongo from this action on July 14, 1992. On July
15, 1992, Joan Howard Allen, Director of Hearings and
Appeals, took evidence and argument on Respondent's motion
to disqualify and denied said motion for untimely filing.
(Record; Reh. TR. 15).
2. Respondent is the holder of Texas Teacher
Certificate No. XXX-XX-XXXX. (Stipulated).
3. On or about March 19, 1991, Respondent did
knowingly engage in an act of sexual contact by touching the
genitals through the clothing of Officer Tourangeau in a
public bathroom in Richardson Square, 501 South Plano Road,
Richardson, Texas. (P. Exs. 5, 6, 7; Stipulated; Reh. TR.
75).
4. On or about June 10, 1991, Respondent did sign a
waiver of trial by jury and pled nolo contendere to the
charge of public lewdness in County Criminal Court No. 10 of
Dallas County, Texas, in Cause No. MA91-36173-L. (P. Ex. 1;
Stipulated).
5. On or about June 10, 1991, Respondent was adjudged
guilty in Cause No. MA91-36173-L on the charge of public
lewdness and assessed punishment of 365 days confinement in
the Dallas County Jail, along with a fine of $250.00 and all
court costs incurred. The verdict and finding of guilty was
probated by the court for a period of one year from June 10,
1991. (P. Ex. 1; Stipulated).
6. The act complained of took place in a public
bathroom and Officer Tourangeau states that several children
utilized the facility while he and Respondent washed and
dried their hands, however no children were present when
Respondent touched Tourangeau's genitals. (Reh TR. 35, 40).
There is no evidence that children witnessed or were aware
of the conduct that transpired between Respondent and
Officer Tourangeau. Respondent's sexual contact with
Officer Tourangeau did not involve children. (Record; TR.
13; Stipulated).
At the time Respondent placed his hand on Tourangeau's
genitals, the men were standing in the doorway of the
entrance. (Reh. TR. 42).
7. March 19, 1991, was a Tuesday. It was the week of
spring break for Richardson ISD, thus explaining the
presence of the children in the public bathroom at the time
in question. (Reh. TR. 42).
8. Respondent has been undergoing treatment and
counseling for depression, anxiety and sexual compulsivity
at the Center for Sexual Issues at the CPC Millwood Hospital
since at least June 24, 1991, and has successfully completed
the first phase of a two year program. (P. Ex. 2; R. Ex. 1;
Stipulated).
9. According to Andre Corley, Clinical Director of the
Diamond Mountain Center at CPC Millwood Hospital,
Respondent's psychosexual dysfunction is a sexual compulsive
disorder dealing with adult sexual behavior. (R. Ex. 1).
10. Corley attests to Respondent's worthiness to
continue in the teaching profession without risk or danger
to the children he would be working with in the classroom.
(R. Ex. 1).
11. Respondent was on career ladder level two from
1984 through 1988. (R. Ex. 1; Reh. TR. 69).
12. For the 1987-88 school year, Respondent received a
performance rating of "Clearly Outstanding". (R. Ex. 1).
13. Respondent's performance appraisals ranged from
"exceeds expectations" to "clearly outstanding". (R. Ex.
1).
14. Respondent submitted his resignation from
Richardson I.S.D. by letter dated August 19, 1991, (R. Ex.
1).
15. By letter dated August 20, 1991, Richardson I.S.D.
accepted Respondent's resignation from employment. (R. Ex.
1).
16. Respondent is currently employed with B. Dalton
Booksellers part time. (Reh. TR. 58).
17. Respondent married in 1964 and divorced December
2, 1991. (Reh. TR. 61).
18. During his tenure at Richardson ISD, Respondent
did not receive any type of reprimand.
19. Respondent was active in supervising speech
instructors from the University of North Texas, in helping
coach speech events for the academic decathlon for J.J.
Pierce High School and in presenting an in-service program
to the district for mainstreaming special education
students. (Reh. TR. 70; R. Ex. 1-F).
20. In 1976, Respondent was charged with public
lewdness, the same offense with which he was charged in
1991. (Reh. TR. 74).
Discussion
For the past year, Respondent has been in treatment at
the Center for Sexual Issues at CPC Millwood Hospital
attempting to assess the difference between sexual
frustration and poor judgment due to the homosexual
component of his sexuality versus sexual compulsivity. This
predicament arose from Respondent Cottingame's criminal
arrest for public lewdness in a public bathroom where he, in
effect, propositioned an undercover police officer in March
of 1991.
It is to be noted that Respondent's sexual contact
involved adult behavior and did not involve children at any
time. Behaviorally, Respondent's conduct was not any
different from someone who has been caught in a prostitution
sting. Additionally, although Petitioner was arrested in a
public restroom, his conduct was not executed in the
presence of any children.
However, a teacher's adjudication on criminal charges
of sexual conduct in an area to which children do have
access does prompt an examination into the issue of the
welfare and safety of the children with whom the teacher
will work. In this case, however, there is no evidence that
demonstrates Respondent Cottingame poses a risk to a child's
welfare if he is permitted to continue as an educator.
Although Cottingame's conduct is egregious, there is no
relationship developed between his crime and his capacity
and fitness to perform his teaching duties and to discharge
his responsibilities as an educator. Respondent has
exhibited a deficiency in judgment with respect to his
compulsive behavior; however, this lapsed judgment is not
directly related to his occupation. In sum, even after
rehearing, no medical, factual, or psychological reasons
have been presented to establish that Respondent poses a
risk to children.
In contrast, there is evidence that Respondent was a
clearly outstanding teacher who has respect for students and
performs quite well in the classroom. Moreover, it is the
professional opinion of Cottingame's clinical director, who
is charged with evaluating, counseling and treating
Respondent for his compulsivity, that Respondent is worthy
to instruct the youth of the state and poses no danger to
the students if allowed to continue as a teacher.
Corley, the clinical director, does concede that
Respondent Cottingame used poor judgment in his behavior;
however, it is Respondent's disorder that promotes this
poor exercise of judgment and Respondent has sought
treatment for this. Accordingly, after taking into
consideration the particular circumstances of this case, it
is my determination that the teaching credentials of
Respondent Jerry Ralph Cottingame be suspended for a period
of one year from the date of final decision in this action.
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
this action pursuant to Tex. Educ. Code Ann. +13.046(a)(2).
2. Respondent's motion to disqualify is hereby denied.
3. There is no evidence to establish that Respondent
Cottingame is a risk to the children if permitted to
continue as an educator.
4. In this instance, there is insufficient evidence
to demonstrate any risk to children from Respondent's
conduct in question.
5. In this particular case, there is insufficient
evidence to establish that Respondent's arrest from the
police sting on solicitation of sex between adult males
bears any relationship to his occupation as an educator.
6. Respondent Jerry Ralph Cottingame, holder of Texas
Teacher Certificate No. XXX-XX-XXXX, has not been shown to
be unworthy to instruct the youth of this state at this
time; however, his exercise of poor judgment that resulted
in a violation of state law demonstrates a deficiency in the
mental qualities necessary to effectively carry out the
duties of the teaching profession. This justifies a
suspension of Respondent's teaching credentials for one
year.
7. Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX is suspended for a period of one year from the
date of final decision in this matter. Said suspension is
to be noted on the face of Respondent Cottingame's
certificate.
8. The Texas Education Agency, Division of
Educational Personnel Records is ordered to prepare and
distribute appropriate notices notifying the public of the
suspension of Respondent's teacher certificate.
7. Petitioner's request for sanctions is 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 Teaching Certificate
No. XXX-XX-XXXX be, and is hereby, SUSPENDED.
IT IS FURTHER ORDERED that the Division of Educational
Personnel Records prepare and distribute appropriate notices
notifying the public of the suspension of Respondent's Texas
Teacher Certificate No. XXX-XX-XXXX.
IT IS FURTHER ORDERED that Petitioner's request for
sanctions be, and is hereby, GRANTED.
SIGNED AND ISSUED this ___ day of ______,
1993.
______
LIONEL R. MENO
COMMISSIONER OF EDUCATION