#147-TTC-193 --

DOCKET NO. 147-TTC-193

TEXAS EDUCATION AGENCY, + BEFORE THE STATE

DIVISION OF EDUCATION +

PERSONNEL RECORDS +

+ COMMISSIONER OF EDUCATION

V. +

+

CHRIS DEE HOOTEN + THE STATE OF TEXAS

DECISION OF THE COMMISSIONER

Statement of the Case

Petitioner filed a complaint and request for sanctions

before the State Commissioner of Education on January 28,

1993, contending that Respondent is not of good moral

character and that Respondent's Texas Teaching Certificate

is invalid because Respondent's Alaska Teaching Certificate

was revoked before Respondent obtained his Texas license on

reciprocity grounds. Respondent answered on February 24,

1993.

Hearing on this matter was held before Hearings

Examiner Maggie H. Montelongo on April 22, 1993. Petitioner

appeared through Mr. Terry Johnson, Attorney at Law from

Austin, Texas. Respondent is represented by Mr. Rae

Leifeste, Attorney at Law from San Angelo, Texas.

On August 4, 1993, the Hearings Examiner issued a

Proposal for Decision recommending that Petitioner's request

be granted and Respondent's Texas Teacher Certificate be

suspended for a period of one year from the date of the

order. It was further recommended that Respondent's request

for an additional endorsement 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. In September of 1992, Respondent Hooten was

employed as an administrator with the Anchorage School

District. At that time, Respondent was charged with various

allegations of sexual harassment by some female subordinates

and the Alaska Professional Teaching Practices Commission

launched an investigation. Specifically, Respondent Hooten

was charged with engaging in a course of conduct of (1)

sexual harassment of female members of the school staff; (2)

false allegations about sexual activities of other staff

members; (3) kissing and/or fondling staff members without

their consent; (4) making false statement about other staff

members' conduct in order to cause dissension among staff

members; (5) coercing staff members in an effort to

influence their professional judgment, including attempting

to dissuade them from reporting his conduct or cooperating

in an investigation; (6) falsely listing classroom

observations that did not take place on teacher evaluations;

and (7) allowing his son to see the PSAT scores of his

classmates. (Stip.).

2. Respondent resigned from the Anchorage School

District on September 18, 1992. (TR. 31).

3. On October 1, 1992, Respondent Hooten signed a

memorandum of agreement wherein he acknowledged that his

Alaska teaching credentials would be revoked and that he was

not contesting the charges of sexual harassment which had

been levied against him. Respondent admits that he did not

review the document in detail; rather, he looked only at

points that were important to him. Respondent agreed to the

revocation of his certificate. There was no finding of

guilt on the charges issued by the Alaska Professional

Teaching Practices Commission. (TR. 36-37, 38, 54; Record).

4. On October 19, 1992, the Alaska Professional

Teaching Practices Commission revoked Respondent Chris

Hooten's Teaching Certificates No. 452-80-62770754703 and

No. XXX-XX-XXXX. The order was dated October 19,

1992, and was effective immediately. (P. Ex. 4).

5. Respondent Hooten was notified of the Alaska

revocation order by letter dated October 23, 1992. This

notice was sent to Respondent by certified mail No. P 911

230 165. The return receipt on this mailing reflects that

Respondent received and accepted the letter on October 26,

1993. (P. Exs. 4, 5).

6. Alaska Administrative Code AAC 12.095(a) required

Respondent to surrender his certificate within thirty days

of October 19, 1992, and Respondent was so notified by

letter dated October 23, 1992. Respondent Hooten did not

surrender his Alaska certificate for revocation within

thirty days. Notice of Respondent's revocation of

certification was also provided by mail to the Alaska

education agency in Juneau. (P. Ex. 5; TR. 57, 75-76).

7. Until the first week of January, 1993, the Alaska

Department of Education's file in the certification office

in Juneau, Alaska, indicated that Respondent held two

current and valid certificates in Alaska. (Stip.).

Although the Alaska Professional Teaching Practices

Commission sent notice of the order of revocation to Juneau

in October, this information was not programmed into the

Juneau computer system until January of 1993. (Record).

8. Although Respondent Hooten received and accepted

the certified mailing of October 23, 1992, notifying him of

the revocation of teaching credentials, Respondent chose not

to open the envelope. (TR. 61).

9. On December 1, 1992, Respondent Hooten filed an

application for a mid-management K through 12 principal

certificate in Texas and requested that Texas issue

equivalent certification. In support of his application,

Respondent submitted Alaska Teacher Certificate No.

XXX-XX-XXXX and indicated that it was a valid

certificate. Respondent also submitted a copy of his

original Texas Teaching Certificate. (P. Ex. 6, P. Ex. 2,

P. Ex. 7; TR. 38, 39, 59).

10. Question 10 on the application for Texas teacher

certification states the following:

"Have you ever had a teaching certificate revoked,

suspended, or denied, in this or any other state?"

Respondent answered no to this question on December 1, 1992,

when he applied for a mid-management certificate because he

believed it "sounded like a crime". Respondent was already

on notice that his Alaska teaching certificate had been

revoked by the Alaska Professional Teaching Practices

Commission on October 19, 1992. (TR. 40, 68, 69, 70).

Discussion

Respondent Hooten faced accusations in Alaska of

engaging in a course of conduct that constituted sexual

harassment between 1981 and 1992. Rather than going forward

to hearing to address the merits of the claims, Respondent

Hooten elected not to contest the charges, to surrender his

Alaska teaching credentials and to sign a memorandum of

agreement where he acknowledged that the Alaska Professional

Teaching Practices Commission was revoking his teaching

credentials. The Commission then notified Respondent on

October 23, 1992, that the revocation had been effected and

that he was to surrender his credentials within thirty days.

Respondent failed to surrender his Alaska certificates

within the requisite thirty days.

Instead, Respondent Hooten returned to Texas and

applied for a mid-management endorsement on the basis of the

equivalency of a valid Alaska teaching certificate. In

response to a question on the application, Respondent

indicated on December 1, 1992, that he had not had a

certificate revoked previously. This definitely was not a

correct representation of the status of Respondent's Alaska

teaching credentials.

Respondent contends that he had a question in his mind

about the categorization of his situation because he had

resigned and voluntarily surrendered his Alaska license and

did not believe it had been revoked. This is in direct

contravention to what Respondent agreed to in writing with

the Alaska Professional Teaching Practices Commission in

October of 1992.

Respondent also submits that he had doubt about the

status of his Alaska teaching credentials because he called

Juneau and the Department of Education advised him that its

computer system did not reflect the revocation of his

certificate. Apparently, Respondent attempted to rely upon

the float period between the time the order of revocation

was relayed from Anchorage to Juneau and the time the

information was finally inputted into the Juneau computer

system to justify his answer to Question 10 on the Texas

application.

Respondent has failed to present a persuasive argument

that he honestly did not know the status of his Alaska

teaching certificate in December of 1992 when he filled out

his Texas application. Given the sequence of events, and

Respondent's willful decision not to open his mail, it is

concluded that Respondent has engaged in a duel of semantics

and that he had actual knowledge of the revocation of his

Alaska teaching credentials and that he was required to have

surrendered them by the end of November, 1992.

Consequently, Respondent provided information that he knew

to be incorrect at the time of application in Texas.

Respondent's conduct in this case merits sanctions. It

is hereby recommended to the Commissioner of Education that

Respondent be denied his request for a mid-management

certificate and that Respondent's Texas Teaching Certificate

No. XXX-XX-XXXX be suspended for a period of one year due

to Respondent's obfuscation of true events.

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. +11.13(a) and

+13.046(a).

2. Respondent's failure to disclose the revocation of

his Alaska certification on December 1, 1992, is construed

to be an intentional concealment of the action. Such

behavior is a deliberate misrepresentation and obfuscation

of the validity of his Alaska credentials.

3. Respondent Hooten's conduct in reporting the

validity of his Alaska teaching credentials is not

forthright and clouds his moral character.

4. Respondent is not entitled to a mid-management

endorsement on grounds of reciprocity with an Alaska

teaching credential.

5. Respondent Hooten is charged with notice of

revocation of his teaching credentials by the Alaska

Professional Teaching Practices Commission as of October 23,

1992.

6. Respondent provided false information on his

application for an additional endorsement when he indicated

that he had never had a license revoked.

7. Alaska revoked Respondent's teaching certificate

on October 19, 1992, pursuant to a memorandum of agreement

between Respondent Hooten and the Alaska Professional

Teaching Practices Commission.

8. Respondent Hooten is to surrender any and all

copies of Texas Teaching Certificate No. XXX-XX-XXXX

immediately due to suspension of such.

9. Respondent Hooten's Texas Teaching Certificate No.

XXX-XX-XXXX is suspended for a period of one year from the

date of signature of this order due to Respondent's conduct

in obfuscating the circumstances surrounding the revocation

of his Alaska teaching credentials.

10. Respondent's request for an additional endorsement

is denied.

11. Petitioner's complaint and 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 Teacher Certificate No.

XXX-XX-XXXX be and is hereby, SUSPENDED for a period of one

year from the date of signature of this order due to

Respondent's conduct in obfuscating the circumstances

surrounding the revocation of his Alaska teaching

credentials; and,

IT IS FURTHER ORDERED that Respondent surrender any and

all copies of Texas Teacher Certificate No. XXX-XX-XXXX to

the Texas Education Agency, Division of Educational

Personnel Records; and,

IT IS FURTHER ORDERED that the Texas Education Agency,

Division of Educational Personnel Records prepare and

distribute appropriate notices informing the public of the

suspension of Respondent's Texas Teacher Certificate; and,

IT IS FURTHER ORDERED that Respondent's request for an

additional endorsement be, and is hereby, DENIED; and,

IT IS FURTHER ORDERED that Petitioner's complaint and

request for sanction be, and is hereby, GRANTED.

SIGNED AND ISSUED this ___ day of ______,

1993.

______

LIONEL R. MENO

COMMISSIONER OF EDUCATION