#343-TTC-792
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DOCKET NO. 343-TTC-792
TEXAS EDUCATION AGENCY,
DIVISION OF EDUCATIONAL
PERSONNEL RECORDS
V.
MARIO ALBERTO RODRIGUEZ
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BEFORE THE STATE
COMMISSIONER OF EDUCATION
THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner requests that the Texas Teacher Certificate
of Mario Alberto Rodriguez be sanctioned on the basis of
sexual contact with a child.
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 answer and appear after due
notice.
On August 17, 1992, the Hearing Officer issued a
Proposal for Decision recommending that Petitioner's request
be granted and Respondent's Texas Teacher Certificate be
revoked. Exceptions were filed by Respondent on August 20,
1992; no reply was 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 Mario Alberto Rodriguez failed or
refused to file an answer in this cause; Petitioner's Motion
to Deem All Well-Pled Factual Allegations as True is
granted. 19 T. A.C. +157.66(c).
2.
Respondent Mario Alberto Rodriguez 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).
3.
Respondent was born on or about October 12, 1951,
and at all times relevant hereto was, as a matter of fact
and law, an adult. (Admitted).
4.
On or about January 29, 1992, Respondent was
employed by the Laredo Independent School District as an
elementary teacher with the Bruni Elementary School campus.
(Admitted).
5.
At all times relevant hereto, student was a child
under the age of fourteen years, and was a public school
student attending Christen Middle School in the Laredo
Independent School District, Laredo, Texas. (Admitted).
6.
On or about January 29, 1992, in Webb County,
Texas, Respondent did knowingly engage in sexual contact by
touching the genitals of student, a child younger than fourteen
years and not the spouse of Respondent. (Admitted).
7.
On or about April 22, 1992, the Grand Jury for the
341st Judicial District Court of Webb County, Texas,
returned a true bill of indictment No. K-92-223-d3, charging
Respondent with the felony criminal offense of Indecency
with a child. (Admitted; Pet. Ex. A).
8.
On or about May 11, 1992, in Cause No. K-92-00223
before the 341st Judicial District Court of Webb County,
Texas, Respondent did consent in writing and in open court
to waive and give up the right to appearance, confrontation,
cross-examination of witnesses, and did consent to oral and
written stipulations of evidence. Respondent did further,
under oath, in writing and in open court, state as follows:
I swear that I have read the indictment returned
against me in this case, that I understand everything
that it contains; and that I committed each and every
element alleged. I further swear that I am guilty if
allegations made in the indictment as well as any
lesser included offenses. I further swear that all
testimony I will give in this case will be the truth,
so help me God.
(Admitted; Pet. Ex. B).
9.
On or about May 11, 1992, in Cause No. K-92-00223
before the 341st Judicial District Court of Webb County,
Texas, Respondent did plead guilty to the charge of
Indecency with a Child, Felony 3, and the Court, having
heard the indictment waived, the Respondent's pleas thereto,
and after having heard all the evidence for the State and
the Respondent and argument of counsel, found that
Respondent is guilty as confessed by him of the offense of
Indecency with a Child, Felony 3. (Admitted).
10. On or about June 11, 1992 in Cause No. K-92-00223
before the 341st Judicial District Court of Webb County,
Texas, the Court ordered that Respondent be punished by
confinement in the State Penitentiary for a term of ten
years, and that the State of Texas recover all costs
incurred in said cause. Pursuant to its adoption of a plea
bargaining agreement between the State and Respondent, the
Court ordered that the imposition of the sentence in said
cause be suspended, and placed Respondent on probation for a
term of ten years, subject to specific terms and conditions
of probation as determined by the Court. (Admitted; Pet.
Exs. C, D).
11. As a specific term and condition of Adult
Probation, Respondent is required to perform 320 hours of
Community Service at the Webb County Public Defender's
Office. (Admitted).
12. As a further specific term and condition of Adult
Probation, Respondent is required to submit to Maximum
Supervision. (Admitted).
13. As a further specific term and condition of Adult
Probation, Respondent is prohibited from having any contact
with the victim, student.(Admitted).
14. As a further specific term and condition of Adult
Probation, Respondent is prohibited from working in public
or private elementary or junior high schools or any other
profession requiring work with children. (Admitted).
15. As a further specific term and condition of Adult
Probation, Respondent is prohibited from having any contact
with children under 18 years of age unless accompanied by
another adult. (Admitted).
16. Respondent is currently on Adult Probation for the
felony criminal offense of Indecency with a Child.
(Admitted).
17. By virtue of his sexual contact with a child,
Respondent presents a threat to the public school children
of this state and further, there exists an imminent peril to
the public health, safety or welfare.
Discussion
Respondent is 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 sexual contact with a public
school student demonstrates his moral paucity.
Respondent's Texas Teacher Certificate should be
revoked immediately pursuant to Tex. Rev. Civ. Stat. Ann.
art. 6252-13a +16(c).
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(a).
2.
Respondent Mario Alberto Rodriguez, 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 student, a child under the age of fourteen years.
3. Respondent Mario Alberto Rodriguez, holder of Texas
Teacher Certificate No. XXX-XX-XXXX, is unworthy to
instruct the youth of this state by virtue of his felony
conviction for Indecency with a Child, a crime which relates
directly to the duties and responsibilities of the teaching
profession. 19 T.A.C. +141.5.
4.
Respondent poses an immediate threat to children
in the public schools and in the state of Texas by the
nature of his sexual conduct with a child younger than
fourteen years and there exists an imminent peril to the
public health, safety or welfare.
5.
Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX should be revoked.
6.
Respondent should surrender the teacher's copy of
Respondent's Texas Teacher Certificate to the Texas
Education Agency, Division of Educational Personnel Records.
7.
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.
8. 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 immediately
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, immediately
prepare and distribute appropriate notices notifying the
public of the revocation of Respondent's Texas Teacher
Certificate; and,
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