Texas Education Agency, + Before the State s3

#447-TTC-791 --

DOCKET NO. 447-TTC-791

TEXAS EDUCATION AGENCY, + BEFORE THE STATE

DIVISION OF TEACHER RECORDS +

+

+

V. + COMMISSIONER OF EDUCATION

+

+

KEVIN RUSSELL LYLE +

TTC #XXX-XX-XXXX + THE STATE OF TEXAS

DECISION OF THE COMMISSIONER

Statement of the Case

Petitioner, Texas Education Agency, Division of Teacher

Records, requests that the teaching certificate of

Respondent, Kevin Russell Lyle, be sanctioned due to his

unworthiness to instruct the youth of this state, pursuant

to Tex. Educ. Code +13.046(a)(2).

Debra Ravel is the Hearing Officer appointed by the

State Commissioner of Education. Petitioner is represented

by Terry J. Johnson, Attorney at Law, Austin, Texas, who is

a member of the Agency's staff. Respondent failed or

refused to appear after due notice.

On October 8, 1991, the Hearing Officer issued a

Proposal for Decision recommending that Petitioner's request

be granted and that Respondent's Texas teaching credentials

be revoked. No exceptions to the Proposal for Decision 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, Kevin Russell Lyle, is the holder of

Texas Teacher Certificate No. XXX-XX-XXXX. (Complaint and

Pet. for Sanction; Deemed Admitted).

2. On or about March or April, 1989, in Thurston

County, Washington, Respondent did engage in sexual

intercourse with an individual who was at least fourteen

(14) years old and who was less than sixteen (16) years old,

and to whom Respondent was not married at the time.

Respondent was at least forty-eight (48) months older than

the individual at the time. (Complaint and Pet. for

Sanction; Deemed Admitted).

3. On or about March 7, 1990, in Cause No. 89-1-582-8,

before the Superior Court of the State of Washington, County

of Thurston, Respondent did enter the plea of guilty to,

judicially confessed to, and was convicted of the felony

criminal offense of Rape of a Child in the Third Degree,

based on his conduct on or about March or April, 1989.

(Complaint and Pet. for Sanction; Deemed Admitted).

4. On or about December, 1987, through January, 1988,

in Thurston County, Washington, Respondent communicated with

an individual identified as "K." for immoral purposes.

Specifically, Respondent touched the genital area of K.

through the clothes of K. (Complaint and Pet. for Sanction;

Deemed Admitted).

5. On or about March 7, 1990, in Cause No. 89-1-581-0,

before the Superior Court of the State of Washington, County

of Thurston, Respondent did enter the plea of guilty to,

judicially confessed to, and was convicted of the felony

criminal offense of Communication with a Minor for Immoral

Purposes, based on his conduct relating to K. (Complaint

and Pet. for Sanction; Deemed Admitted).

6. On or about December 21, 1988, in Yakima County,

Washington, Respondent did knowingly and intentionally

provide alcohol to a minor. (Complaint and Pet. for

Sanction; Deemed Admitted).

7. On or about January 17, 1990, Respondent did enter

a plea of guilty to the misdemeanor criminal offense of

Minor in Possession and/or Consumption, before the Yakima

County District Court, State of Washington, in Cause No.

890417, relating to his conduct on or about December 21,

1988. (Complaint and Pet. for Sanction; Deemed Admitted).

8. On or about February 14, 1989, in Yakima County,

Washington, Respondent did knowingly and intentionally

provide alcohol to a minor. (Complaint and Pet. for

Sanction; Deemed Admitted).

9. On or about January 17, 1990, Respondent did enter

a plea of guilty to the misdemeanor criminal offense of

Minor in Possession and/or Consumption, before the Yakima

County District Court, State of Washington, in Cause No.

890418, relating to his conduct on or about February 14,

1989. (Complaint and Pet. for Sanction; Deemed Admitted).

10. On or about June 8, 1989, in Yakima County,

Washington, Respondent did knowingly and intentionally

provide alcohol to a minor. (Complaint and Pet. for

Sanction; Deemed Admitted).

11. On or about January 17, 1990, Respondent did enter

a plea of guilty to the misdemeanor criminal offense of

Minor in Possession and/ or Consumption, before the Yakima

County District Court, State of Washington, in Cause No.

890419.

12. Pursuant to Respondent's guilty pleas in Cause

Nos. 890417, 890418, and 890419, the District County of

Yakima County, State of Washington, imposed its terms of

sentence upon Respondent on or about April 13, 1990.

(Complaint and Pet. for Sanction; Deemed Admitted).

13. Respondent has not answered the "Complaint and

Petition for Sanction" filed by Petitioner on July 30, 1991,

nor in any other manner made a general appearance before the

Commissioner of Education after he was notified by letter

dated August 5, 1991, from the Division of Hearings and

Appeals, Texas Education Agency, that he was required to

file an answer within thirty (30) days from his receipt of

the letter. In addition to being mailed "Certified Mail,

Return Receipt Requested," a notice letter was mailed "First

Class Mail" and not returned by the United States Postal

Service. (Official Notice of Record).

14. On July 30, 1991, Petitioner moved, pursuant to

Tex. Rev. Civ. Stat. Ann., Art. 6252-13a, +13(e) and 19 TAC

+157.66(c), "that upon Respondent's failure to timely answer

the allegations set forth in Petitioners Complaint and

Petition for Sanction, the Commissioner consider to be true

the allegations contained" therein. (Official Notice of

Record).

15. On October 4, 1991, Petitioner reurged "its Motion

to Deem Allegations as True, in accordance with Section

157.10 of the Agency's Procedures." (Official Notice of

Record).

16. In failing to file an answer to Petitioner's

Complaint and Petition for Sanction, Respondent has admitted

that the allegations contained therein are true and has

agreed to accept whatever action the Commissioner of

Education deems appropriate, pursuant to 19 TAC ++157.10(c)

and 157.66(c). (Official Notice of 19 TAC ++157.10(c) and

157.66(c); Official Notice of Record).

Discussion

Respondent has failed or refused to contest the

allegations contained in Petitioner's pleadings seeking

revocation of his Texas teaching credentials. Accordingly,

all well-pled factual allegations have been deemed admitted,

pursuant to ++157.66(c) and 157.10(c).

It is the state's obligation to protect its children

and its students from educators who harm them. See 19 TAC

+141.5(b)(3). Respondent's criminal conduct, his judicial

admissions to engaging in such criminal conduct, and

subsequent convictions clearly warrant the conclusion that

he is unworthy to instruct the youth of this state, pursuant

to Tex. Educ. Code +13.046(a)(2).

Respondent's Texas Teacher Certificate No. XXX-XX-XXXX

should, therefore, 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 Commissioner of Education has jurisdiction over

this action pursuant to Tex. Educ. Code ++11.13(a) and

13.046.

2. Based on Respondent's failure to timely file his

answer as required by 19 TAC ++157.10(c) and 157.66(c), all

well-pleaded allegations contained in Petitioner's Complaint

should be and are hereby deemed true and admitted.

3. Pursuant to Tex. Educ. Code +13.046(a)(2),

Respondent Kevin Russell Lyle, holder of Texas Teacher

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

youth of this state by virtue of engaging in felony and

misdemeanor criminal conduct and, subsequently, admitting to

the criminal offenses, under the laws of the State of

Washington, of (1) Rape of a Child in the Third Degree; (2)

Communicating with a Minor for Immoral Purposes; and (3)

Minor in Possession and/or Consumption.

4. Respondent's Texas Teacher Certificate No.

XXX-XX-XXXX, and all other educational credentials held by

Respondent, should be REVOKED.

5. Respondent should be ordered to return the

teacher's copy of his Texas Teacher Certificate immediately

to the Texas Education Agency, Division of Teacher Records.

6. The Texas Education Agency, Division of Teacher

Records, should prepare and distribute appropriate notices

informing the public of the revocation of Respondent's Texas

teaching credentials.

7. Petitioner's request for sanction 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, and all other education credentials held

by Respondent are, hereby, REVOKED.

IT IS FURTHER ORDERED that Respondent return the

teacher's copy of his Texas Teacher Certificate immediately

to the Texas Education Agency, Division of Teacher Records.

IT IS FURTHER ORDERED that the Texas Education Agency,

Division of Teacher Records, shall prepare and distribute

appropriate notices informing the public of the revocation

of Respondent's Texas Teacher Certificate.

IT IS FURTHER ORDERED that Petitioner's request for

sanctions is, hereby, GRANTED.

SIGNED AND ISSUED this _____ day of ______,

19_____.

______

LIONEL R. MENO

COMMISSIONER OF EDUCATION