#143-TTC-191
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DOCKET NO. 143-TTC-191
TEXAS EDUCATION AGENCY,
DIVISION OF EDUCATIONAL
PERSONNEL RECORDS
V.
FARID BASTANI
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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
Educational Personnel Records requests that the educational
credentials of Farid Bastani, Respondent, be sanctioned for
indecency 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 the amended complaint.
Petitioner's Motion to Deem All Well-Pled Allegations as
True was granted, pursuant to 19 T.A.C. +157.66(c).
On February 17, 1993, the Hearing Officer issued a
Proposal for Decision recommending that 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 Farid Bastani failed or refused to file
an answer to the amended complaint in this cause following
due notice; Petitioner's Motion to Deem All Well-Pled
Factual Allegations as True is granted. 19 TAC +157.66(c).
(Record).
2.
Respondent Farid Bastani 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.
At all times relevant hereto, Respondent was
employed as a public school teacher at Eastern Hills Middle
School in the Killeen School District, Killeen, Bell County,
Texas. (Admitted).
4.
Respondent was born on or about October 30, 1949,
and at all times relevant hereto was, as a matter of fact
and law, an adult. (Admitted).
5.
At all times relevant hereto, Student was
a public school student attending school within the state of
Texas. (Admitted).
6.
At all times relevant hereto, Student was
the stepdaughter of Respondent. (Admitted).
7.
On or about August 23, 1989, in Bell County,
Texas, and with the intent to arouse and gratify his own
sexual desire, Respondent did engage in sexual contact with
Student , by there and then touching the vagina of
the said Student . (Admitted).
8.
At the time of the sexual contact set forth in
Finding of Fact No. 7, Respondent knew that Student
was not his spouse. (Admitted).
9.
At the time of the sexual contact set forth in
Finding of Fact No. 7, Respondent knew that Student
was younger than seventeen (17) years of age. (Admitted).
10.
On or about the July 1989 term, the Grand Jury for
the 264th Judicial District Court of Bell County, Texas
issued a true bill of indictment No. 38,261, charging
Respondent with the felony criminal offense of Indecency
with a Child. (Admitted; Ex. A to Complaint).
11.
On or about November 28, 1990, in Cause No. 38,261
before the 264th Judicial District Court of Bell County,
Texas, Respondent appeared in person and by his attorney and
in open court pleaded not guilty to the charges contained in
the indictment. A jury was duly selected, impaneled and
sworn, and having the charging instrument read, and the
Respondent's plea of not guilty thereto, and having heard
the evidence submitted, and having been duly charged by the
Court, retired in charge of the proper officer to consider
their verdict, and afterward were brought into open court by
the proper officer, the Respondent and his counsel being
present, and in due form of law returned into open court the
following verdict, which was received by the court, and was
entered into the minutes of the court: "We, the Jury, find
beyond a reasonable doubt that the Defendant is guilty of
the offense of Indecency With a Child, as charged in the
indictment.." (Admitted; Exhibit B to Complaint).
12.
Thereupon the Respondent elected to have his
punishment fixed by the jury and such jury was called back
into the box. Thereupon the Respondent pled to the
enhancement allegations of the charging instrument as set
out above. The jury then heard evidence relative to the
question of punishment and having been duly charged by the
court and thereafter they retired in charge of the proper
officer to consider such question and after having
deliberated, they were returned into court by the proper
officer, the Respondent and his counsel being present and in
due form of law returned into open court the following
verdict, which was entered into the minutes of the court,
"We, the Jury, having found the Defendant, Farid Bastani,
guilty of the offense of Indecency With a Child, assess his
punishment of confinement in the Texas Department of
Criminal Justice Institutional Division for a term of five
(50 years (probated)." (Admitted; Ex. B to Complaint).
13.
On or about December 20, 1990, Respondent Farid
Bastani did by and through his attorney file and give his
notice of appeal of the judgment and sentence in Cause No.
38.161 to the Court of Appeals for the Third Supreme
Judicial District of Texas at Austin. (Admitted; Ex. C to
Complaint). On July 14, 1992, the Court of Appeals affirmed
the judgment in all things. (Admitted; Exs. to Complaint D,
E).
14.
On or about September 9, 1992, in Cause No. 38.261
before the 264th Judicial District Court of Bell County,
Texas, the court, having previously sentenced Respondent to
five (5) years confinement in the Texas Department of
Criminal Justice Institutional Division, suspended said
sentence and placed Respondent on adult probation for a
period of five (5) years effective September 9, 1992.
(Admitted; Ex. to Compliant F).
15.
On the 9th day of September, 1992, in Cause No.
38,261 before the 264th Judicial District Court of Bell
County, Texas, Respondent was placed on probation for five
(5) years under certain terms and conditions set down by the
court in the original probation order dated September 9,
1992. It further appeared to the court that the best
interest of the public and of Respondent will be subserved
by placing Respondent on Specialized Caseload Probation.
Respondent is to remain on Specialized Caseload Probation
until determined by the Probation Department that Respondent
has obtained maximum benefit from Specialized Caseload
Supervision. (Admitted; Ex. to Complaint G).
16.
As a specific term and condition of Adult
Probation, Respondent will participate in psychological
evaluation and will comply with counseling programs approved
by the Specialized Caseload Probation Program until released
from said counseling by the Specialized Caseload Probation
Program of the Bell County Probation Office. All costs of
said counseling shall be paid by Respondent. (Admitted).
17.
As a specific term and condition of Adult
Probation, Respondent shall undergo evaluation by
plethysmograph to determine Respondent's level of sexual
arousal or other deviant stimuli. (Admitted).
18.
As a specific term and condition of Adult
Probation, Respondent shall comply with Tex. Rev. Civ. Stat.
Ann. art. 6252-13c.1 which requires that a person convicted
of or adjudicated for certain sexual offenses register with
a local law enforcement authority in any municipality or
county where the person resides or intends to reside for
more than seven days. (Admitted).
19.
As a specific term and condition of Adult
Probation, Respondent is prohibited form having any contact
with the victim Student or the victim's immediate
family, either in writing, in person, by phone or through
third parties, until permission is granted by the court.
(Admitted).
20.
As a specific term and condition of Adult
Probation, Respondent shall not accept employment that will
bring him into direct contact with minor children without
permission from his Probation Officer (pedophiles only).
(Admitted).
21.
As a specific term and condition of Adult
Probation, Respondent shall not frequent or patronize places
where minor children congregate. (Admitted).
22.
As a specific term and condition of Adult
Probation, Respondent shall pay for all counseling and
medical costs incurred by the victim as a result of this
offense. (Admitted).
23.
As a specific term and condition of Adult
Probation, Respondent is prohibited from residing in an area
close to a school, day care center, park or other area where
children congregate. All living arrangements and locations
must be approved and verified by the probation officer
(pedophiles only). (Admitted).
24.
As a further specific term and condition of Adult
Probation, Respondent is required to work faithfully and
satisfactorily participate in community service project(s)
by completing 250 hours of community service within tow and
one half years (912 days) of the court's order, at a rate no
less than 9 hours per calendar month by performing said
community service at and under the direction and supervision
of the CSR Coordinator. (Admitted).
25.
As a further specific term and condition of Adult
Probation, Respondent is required to submit to literacy
testing and training as directed by the Community
Supervision and Corrections Department. (Admitted).
26.
The criminal case against Respondent, styled State
of Texas v. Farid Bastani, Cause No. 38,261 before the 264th
Judicial District Court of Bell County, Texas, is in all
respects, finally adjudicated. (Admitted).
27.
Respondent has been convicted of, and is currently
serving a felony probationary sentence for the criminal
offense of Indecency with a Child by Fondling. (Admitted).
28.
At all times relevant hereto, Respondent knew, or
in the exercise of reasonable professional judgment should
have know, that his conduct posed a serious risk of harm to
the well-being of the child involved, but Respondent did
pursue his course of conduct in wanton disregard of the
consequences of his actions. Respondent has dishonored the
responsibilities placed on him by the commissioner of
education and has corrupted that which the education
profession holds most sacred: the trust of the children.
(Admitted).
29.
An imminent peril to the public health, safety or
welfare exists which requires immediate effect of a final
decision or order in this case. (Record).
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 admitted conduct in fondling
a public school student demonstrates his total moral
paucity.
Further, Respondent has conducted his school or
teaching activities in violation of the laws of the state.
Respondent's Texas Teacher Certificate should be
revoked. Petitioner requests that a finding of imminent
peril be made. This request should be granted.
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 Farid Bastani, holder of Texas
Paraprofessional Certificate No. XXX-XX-XXXX is unworthy to
instruct the youth of this state by virtue of his action of
having sexual intercourse with a public school student.
3.
Respondent Farid Bastani, holder of Texas Teacher
Certificate No. XXX-XX-XXXX, conducted his school or
teaching duties in violation of the laws of this state.
4.
Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX should be revoked.
5.
Respondent should surrender his copy of
Respondent's Texas Teacher Certificate to the Texas
Education Agency, Division of Educational Personnel Records.
6.
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.
An imminent peril to the public health, safety or
welfare exists which requires immediate effect of a final
decision in this matter; the Commissioner's order shall be
final and appealable on the date it is rendered.
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 REVOKED; and,
IT IS FURTHER ORDERED that Respondent surrender his
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 prepare and
distribute appropriate notices notifying the public of the
revocation of Respondent's teacher certificate; and,
IT IS FURTHER ORDERED that an imminent peril to the
public health, safety or welfare exists which requires
immediate effect of a final decision in this matter; the
Commissioner's order shall be final and appealable on the
date it is rendered; and,
IT IS FURTHER ORDERED that Petitioner's request be, and
is hereby, GRANTED.
SIGNED AND ISSUED this ______ day of ________________,
1993.
______________________________
LIONEL R. MENO
COMMISSIONER OF EDUCATION