#165-TTC-192--
DOCKET NO. 165-TTC-192
TEXAS EDUCATION AGENCY, DIVI-+BEFORE THE STATE
SION OF EDUCATIONAL PERSONNEL+
RECORDS+
+COMMISSIONER OF EDUCATION
V.+
+
HARVEY LAVERN DIXON+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
teaching credentials of Harvey Lavern Dixon, Respondent, be
sanctioned due to Respondent's alleged unworthiness to
instruct the youth of this state under Tex. Educ. Code
+13.046.
Joan Howard Allen is the Hearing Officer appointed by
the State Commissioner of Education. Petitioner is
represented by Terry J. Johnson, Attorney at Law, Austin,
Texas. Respondent failed to timely answer and has failed to
appear.
On May 12, 1992, the Hearing Officer issued a Proposal
for Decision recommending that Petitioner's appeal be
granted and 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 Harvey Lavern Dixon 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. (Official notice; admitted).
2.Respondent failed to appear after due notice and
failed to timely filed his answer as required by 19 T.A.C.
+157.11. Petitioner's Motion to Deem Admitted all well pled
allegations is granted. All well pled allegations are
deemed true and admitted. (19 T.A.C. +157.66(c), 157.10(c)).
3.At approximately 2:00 p.m. on or about October 1,
1990 at the administration building of the Hardin-Jefferson
Independent School District, located at 129 East Herring,
Sour Lake, Hardin County, Texas 77659, Respondent did then
and there intentionally cause the death of an individual,
Roderick Boyd Hill, by shooting Roderick Boyd Hill with a
deadly weapon, to wit: a firearm. (Admitted).
4.On October 1, 1990, Respondent was employed by the
Hardin-Jefferson Independent School District as a
vice-principal assigned to the Hardin-Jefferson High School
campus. (Admitted).
5.On October 1, 1990, Roderick Boyd Hill was
employed by the Hardin-Jefferson Independent School District
as the Director of Instruction for the Hardin-Jefferson
Independent School District. (Admitted).
6.Based upon Respondent's conduct as set forth in
Finding of Fact No. 3, on or about August 23, 1991, the
Grand Jury of the 356th Criminal District Court of Hardin
County, Texas, returned a True Bill of Indictment, No.
12103, charging Respondent with the felony criminal offense
of murder, a violation of Tex. Penal Code +19.02, in that on
or about October 1, 1990, in Hardin County, Texas Respondent
did then and there intentionally and knowingly cause the
death of Roderick Boyd Hill, by shooting him with a deadly
weapon, to wit: a firearm. (Admitted; Ex. A).
7.Based on Respondent's conduct as set forth in
Finding of Fact No. 3, on or about December 11, 1991, in
Cause No. 91CR1128 before the 10th Judicial District Court
of Galveston County, Texas, Respondent did plead guilty to
the reduced second degree felony charge of voluntary
manslaughter. (Admitted).
8.Based on Respondent's conduct as set forth in
Finding of Fact No. 3, on or about December 11, 1991, in
Cause No. 91CR1128 the 10th Judicial District Court of
Galveston County, Texas, did file its affirmative finding of
a deadly weapon. (Admitted; Ex. B).
8.Based on Respondent's conduct as set forth in
Finding of Fact No. 3, on or about December 11, 1991, in
Cause No. 91CR1128 the 10th Judicial District Court of
Galveston County, Texas, did adjudge Respondent guilty of
the felony offense of voluntary manslaughter, a violation of
Tex. Penal Code +19.04. (Admitted; Ex. B, page 2).
9.Based on Respondent's conduct as set forth in
Finding of Fact No. 3, on or about December 11, 1991, in
Cause No. 91CR1128 the 10th Judicial District Court of
Galveston County, Texas, did sentence Respondent to serve
twenty (20) years at the Institutional Division of the Texas
Department of Criminal Justice. (Admitted; Ex. B).
10.Respondent is in the custody of the Institutional
Division of the Texas Department of Criminal Justice as
sentenced. (Admitted).
Discussion
Conviction of the felony offense of voluntary
manslaughter renders a certificate holder unworthy to
instruct the youth of this state. Further, Tex. Rev. Civ.
Stat. Ann. art. 6252-13 and its implementing regulation 19
T.A.C. +141.5 require that a certificate holder's license be
revoked upon incarceration for conviction of voluntary
manslaughter.
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 appeal pursuant to Tex. Educ. Code +13.046.
2.Petitioner's Motion to Deem Allegations as True
and Admitted is hereby GRANTED.
3.Respondent Harvey Lavern Dixon, holder of Texas
Teacher Certificate No. XXX-XX-XXXX, is unworthy to
instruct the youth of this state by virtue of his action
intentionally and knowingly cause the death of an individual
by shooting the individual with a deadly weapon, to wit: a
firearm.
4.Respondent Harvey Lavern Dixon, holder of Texas
Teacher Certificate No. XXX-XX-XXXX, has been convicted of
a felony and must have his Texas Teacher Certificate
revoked. Tex. Rev. Civ. Stat. Ann. art. 6252-13c.
5.Respondent's Texas Teachers Certificate No.
XXX-XX-XXXX should be REVOKED.
7.Respondent should return the teacher's copy of
Respondent's Texas Teacher Certificate to the Texas
Education Agency, Division of Educational Personnel Records.
8.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.
IT IS FURTHER ORDERED that Respondent immediately
return the teacher's copy of Respondent's Texas Teacher
Certificate to the Texas Education Agency, Division of
Educational Personnel Records.
IT IS FURTHER ORDERED that the Texas Education Agency,
Division of Educational Personnel Records prepare and
distribute notices notifying the public of the revocation of
Respondent's Texas Teacher Certificate.
IT IS FURTHER ORDERED that Petitioner's request be, and
is hereby, GRANTED.
SIGNED AND ISSUED this ______day of ______,
1992.
______
LIONEL R. MENO
COMMISSIONER OF EDUCATION