#128-TTC-1291
DOCKET NO. 128-TTC-1291
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TEXAS EDUCATION AGENCY, DIVI- +
SION OF TEACHER RECORDS
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V.
FREDDIE CARMICHAEL
TTC NO. XXX-XX-XXXX
BEFORE THE STATE
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COMMISSIONER OF EDUCATION
THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner, Texas Education Agency, Division of Teacher
Records, seeks revocation of teaching certificate number
587-36-94-76 held by Respondent, Freddie Carmichael,
alleging Respondent is unworthy to instruct the youth of the
State of Texas pursuant to Texas Education Code, Section
13.046 (a)(2).
Lorraine J. Yancey is the Hearing Officer appointed by
the State Commissioner of Education. Petitioner was
represented by Terry J. Johnson, Attorney at Law, Austin,
Texas. Respondent failed to file an Answer to Petitioner's
Original Complaint within thirty (30) days as instructed by
certified, first-class letter dated January 6, 1992 sent to
Petitioner by the Director, Division of Hearings and
Appeals. On January 25, 1992, the certified letter was
returned "unclaimed."
As a result of Respondent's failure to file an Answer
by the due date of February 10, 1992, all well-pled factual
allegations in Petitioner's Original Complaint were deemed
admitted on the Hearing Officer's own motion pursuant to 19
Tex. Admin. Code +157.10.
On February 12, 1992, the Hearing Officer issued a
Proposal for Decision recommending that Petitioner's
Complaint and Petition for Sanction be GRANTED and that
Respondent's Texas Teacher's Certificate No. XXX-XX-XXXX be
revoked and all credentials held by Respondent be
immediately surrendered. On March 1, 1992, the certified
letter containing Respondent's copy of the Hearing Officer's
Proposal for Decision was returned "unclaimed."
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 Freddie Carmichael is the holder of
Texas Teacher Certificate No. XXX-XX-XXXX. (Record).
2. On or about January 10, 1985, in County Criminal
Court No. 5, of Dallas County, Texas, Cause #MB-84-35666-F,
Respondent pled, and was adjudged, guilty of the misdemeanor
criminal offense of Public Lewdness, to wit: on or about the
30th day of August, 1984 in the County of Dallas and State
of Texas, Freddie Carmichael, defendant, did unlawfully then
and there knowingly engage in an act of sexual contact with
another person, Clifford LeRoy Hoffpauir, said sexual
contact being the masturbation of the exposed erect penis of
accomplice Hoffpauir with the intent to arouse and gratify
the sexual desire of said defendant, while said persons were
in a public place. (Admitted).
3. On or about November 26, 1985, Respondent applied
to the Texas Education Agency Division of Teacher
Certification, also known as the Division of Teacher
Records, seeking issuance of a one-year High School Teacher
Certificate with teaching fields in Health and All-Level
Physical Education. Question No. 13 of the application for
certification asked Respondent to indicate whether he had
ever been convicted of a felony or misdemeanor. Respondent
knowingly affixed his signature to an application that
falsely indicated that he had not been convicted of a
misdemeanor. Respondent knew that his response to question
number 13 was false. (Admitted).
4. On or about November 26, 1985, when Respondent
filled out the application for a one-year High School
Teacher Certificate, in the fields of Health and all-level
Physical Education, Respondent acknowledged under oath his
understanding that the Texas Education Agency was authorized
to suspend, revoke or deny a Teacher Certificate to a person
who has been convicted of a felony or misdemeanor if the
crime directly relates to the duties and responsibilities of
the teaching profession pursuant to Chapter 19, Texas
Administrative Code, Section 141.5. (Admitted).
5. Respondent admits that the conduct which
precipitated his plea of guilty on or about January 10, 1985
directly relates to the duties and responsibilities of the
teaching profession. (Admitted).
6. Respondent admits that because of his unlawful
conduct with Clifford LeRoy Hoffpauir, he is a person
unworthy to instruct the youth of the State of Texas.
(Admitted).
7. Respondent admits that because of his conduct in
submitting information to the Texas Education Agency which
he knew to be false he is a person unworthy to instruct the
youth of the State of Texas. (Admitted).
Discussion
Having used due diligence in notifying Respondent of
Petitioner's Complaint And Petition For Sanction, all
well-pled allegations contained in Petitioner's Complaint
are deemed true due to Respondent's failure to timely file
an answer as required by 19 Texas Administrative Code
++157.10(c) and 157.66(c). It is, hereby, ordered that
Respondent's teacher certificate be revoked and all
credentials be immediately surrendered.
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 matter pursuant to Tex. Educ. Code ++11.13(a) and
13.046.
2. Respondent Freddie Carmichael, holder of Texas
Teaching Certificate No. 587-36-94-76, is unworthy to
instruct the youth of the State of Texas by intentionally
and knowingly engaging in public lewdness, to wit: an act
of sexual contact with the exposed genitals of another
person in a public place.
3. Respondent Freddie Carmichael, holder of Texas
Teaching Certificate No. 587-36-94-76, is unworthy to
instruct the youth of the State of Texas by intentionally
and knowingly falsifying information in his application to
the Texas Education Agency Division of Teacher Certification
for issuance of a one-year High School Teacher Certificate.
4. Respondent's Texas Teaching Certificate No.
587-36-94-76 and all other education credentials held by
Respondent should be REVOKED.
5. Respondent should return the teacher's copy of
Respondent's Texas Teacher Certificate to the Texas
Education Agency, Division of Teacher Records.
6. The Texas Education Agency, Division of Teacher
Records should prepare and distribute appropriate notices
notifying the public of the revocation of Respondent's
teacher certificate.
7. Petitioner's Petition 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.
587-36-94-76 and all other education credentials held by
Respondent be REVOKED.
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
Teacher Records.
IT IS FURTHER ORDERED that the Texas Education Agency,
Division of Teacher Records prepare and distribute
appropriate notices notifying the public of the revocation
of Respondent's teacher certificate.
IT IS FURTHER ORDERED that Petitioner's appeal be, and
is hereby, GRANTED.
SIGNED AND ISSUED this _____ day of ________________,
19_____.
_____________________________
LIONEL R. MENO
COMMISSIONER OF EDUCATION