#277-TTC-693 --

DOCKET NO. 277-TTC-693

TEXAS EDUCATION AGENCY, + BEFORE THE STATE

DIVISION OF EDUCATIONAL +

PERSONNEL RECORDS +

+

V. + COMMISSIONER OF EDUCATION

+

+

ROBERT T. WARMANN + 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

credentials of Robert T. Warmann be sanctioned.

Joan Howard Allen is the Hearings Examiner appointed by

the State Commissioner of Education. Petitioner is

represented by Terry J. Johnson, Attorney at Law, Austin,

Texas. Respondent did not answer or appear in this matter.

In the absence of a timely filed answer, the Hearings

Examiner, on her motion, deemed all well pled allegations as

true pursuant to 19 T.A.C., +157.1052.

On August 13, 1993, the Hearings Examiner issued a

Proposal for Decision recommending that 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 Robert T. Warmann 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. (Admitted).

2. Respondent was served with notice of the docketing

of Petitioner's complaint on or before July 12, 1993. The

notice informed Respondent of his duty to file an answer in

this matter within 30 days of receipt of the notice.

Respondent personally signed for the certified mailing of

the notice, number P-876-070-656. (Record).

3. In the absence of a timely filed answer, the

Hearings Examiner, on her own motion, deemed all well-pled

factual allegations as true, pursuant to 19 T.A.C. +157.1052.

4. Respondent committed all acts in the state of

Texas. (Admitted).

5. Respondent was born on or about September 8, 1932

and at all times relevant hereto, was an adult. (Admitted).

6. At all times relevant hereto, Respondent was

employed as a classroom teacher by the Alief Independent

School District (AISD) and was assigned to AISD's Hastings

High School campus. (Admitted).

7. At all times relevant hereto, Sean H. was one of

Respondent's students at Hastings High School, was a male

child under the age of 17 years and was not Respondent's

spouse. (Admitted).

8. At all times relevant hereto, Roy P. was a male

child under the age of 17 years and was not Respondent's

spouse. (Admitted).

9. At all times relevant hereto, the acts described

herein took place at Respondent's residence, 3211 Farmington

Lane, Sugarland, Texas 77479. (Admitted).

10. On or about 1991, Respondent approached Sean H.

about body building and requested that Sean allow Respondent

to be Sean's personal trainer. Sean agreed to allow

Respondent to be Sean's personal trainer. (Admitted).

11. On or about 1991, Respondent placed Sean on a

training regimen and every six weeks Respondent would take

Sean's physical measurements. For these measurements, Sean

would remove all clothing with the exception of his

underwear and Respondent would measure Sean's muscles.

(Admitted).

12. On or about 1991, on at least one occasion after

Respondent measured Sean's muscles, Respondent told Sean

that Sean would have to be nude for the next measurement.

Sean removed his underwear and Respondent measured Sean's

testicles with a pincer-like device similar to that employed

for measuring body fat content. (Admitted).

13. On or about 1991, Respondent told Sean that the

testicular measurement was necessary because as Sean

maintained Respondent's training regimen, the size of Sean's

testicles would change. (Admitted).

14. On or about June, 1991, Respondent approached Roy

P. about body building and requested that Roy allow

Respondent to be Roy's personal trainer. Roy agreed to

allow Respondent to be his personal trainer. (Admitted).

15. On or about June, 1991, Respondent informed Roy P.

that Respondent would have to shave the hair from Roy P.'s

legs. Respondent shaved the hair from Roy's legs. On or

about June, 1991 Respondent informed Roy that he would have

to shave the pubic hair from Roy's groin and testicles.

Respondent shaved the pubic hair from Roy's groin and

testicles. During the shaving of Roy's groin and testicles,

Respondent touched Roy's genitals. (Admitted).

16. On or about April 26, 1993 in Cause No. 24070, the

268th Judicial District Court of Fort Bend County, Texas

received Respondent's plea of no lo contendere to the felony

criminal offense of indecency with a child. The court

adjudged Respondent guilty of the felony criminal offense of

indecency with a child. The court sentenced Respondent to

serve ten years in prison; however, the court suspended the

sentence and placed Respondent on felony probation for ten

years. (Admitted).

17. As a condition of felony probation, Respondent is

prohibited from teaching individuals seventeen years of age

or younger. (Admitted).

18. Respondent is a convicted felon who is on

probation for ten years for the felony criminal offense of

indecency with a child. (Admitted).

Discussion

Respondent Robert T. Warmann is clearly unworthy to

instruct the youth of this state. Unworthiness to instruct

the youth of the state under Tex. Educ. Code +13.046 has been

defined as a lack of worth and absence of those moral and

mental qualities required to enable one to render service

essential to the accomplishment of the object which the law

had in view. Marrs v. Matthews, 270 S.W. 586 (Tex. Civ.

App.--Texarkana 1925 writ ref'd). Respondent's certificates

should be revoked on this basis.

Further, Respondent, having been convicted of a felony

crime that relates directly to the duties and

responsibilities of the teaching profession, should have his

teaching credentials revoked. Tex. Rev. Civ. Stat. Ann.

art. 6252-13c; 19 T.A.C. +141.5.

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 matter pursuant to Tex. Educ. Code +13.046.

2. Robert T. Warmann, holder of Texas Teacher

Certificate No. XXX-XX-XXXX, is unworthy to instruct the

youth of this state by virtue of his sexual contact with

students. Tex. Educ. Code +13.046.

3. Robert T. Warmann, holder of Texas Teacher

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

that relates directly to the duties and responsibilities of

the teaching profession, to wit: indecency with a child.

Tex. Rev. Civ. Stat. Ann. art. 6252-13c; 19 T.A.C. +141.5.

4. Respondent's Texas Teacher Certificate No.

XXX-XX-XXXX should be revoked.

5. Respondent should surrender the teacher's copy of

Respondent's Texas Teacher Certificate to the Texas

Education Agency, Division of Educational Personnel Records.

6. 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; and,

IT IS FURTHER ORDERED that Respondent surrender the

teacher's copy of Respondent's Texas Teacher Certificate 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 notifying the public of the

revocation of Respondent's teacher certificate; and,

IT IS FURTHER ORDERED that Petitioner's request be and

is hereby, GRANTED.

SIGNED AND ISSUED this ___ day of ______,

1993.

______

LIONEL R. MENO

COMMISSIONER OF EDUCATION