#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