#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