#165-TTC-293 --
DOCKET NO. 165-TTC-293
TEXAS EDUCATION AGENCY, + BEFORE THE STATE
DIVISION OF EDUCATIONAL +
PERSONNEL RECORDS +
+ COMMISSIONER OF EDUCATION
V. +
+
HERBERT THOMAS HECHT + THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner filed a complaint and petition for sanction
on February 12, 1993, seeking to have Respondent Hecht
declared unworthy to instruct the youth of this state
because of Respondent's sexual contact with a child that
resulted in his conviction on the offense of indecency with
a child younger than seventeen years. Respondent was
notified of the complaint against him and has not contested
or otherwise answered the charges against him.
Hearings Examiner Maggie H. Montelongo has presided
over this action pursuant to appointment by the State
Commissioner of Education. Petitioner has appeared through
Mr. Terry Johnson, Attorney at Law from Austin, Texas.
Respondent has not appeared in this cause.
On March 25, 1993, the Hearings Examiner issued a
Proposal for Decision recommending that Respondent's
teaching credentials be immediately revoked. No exceptions
to the recommendation were filed in this action.
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 is a natural person residing in Walker
County, Texas, who may be personally served as follows:
Herbert Thomas Hecht, Inmate #632189, Texas Department of
Criminal Justice, Institutional Division, Goree Unit, P.O.
Box 38, Huntsville, Texas 77344.
2. Respondent is the holder of Texas Teacher
Certificate Number XXX-XX-XXXX, duly issued under the
provisions of the Texas Education Code and its predecessor
statutes.
3. At all times relevant hereto, Respondent was
employed as a public school teacher at Aldridge Elementary
School in the Plano Independent School District, Dallas
County, Texas.
4. Respondent was born on or about November 30, 1943,
and at all times relevant hereto was, as a matter of fact
and of law, an adult.
5. At all times relevant hereto, Student was a
public school student residing and attending school within
the State of Texas.
6. At all times relevant hereto, Student was
a public school student residing and attending school within
the State of Texas.
7. On or about June 1, 1991, in Dallas County, Texas,
and with the intent to arouse and gratify his own sexual
desire, Respondent did engage in sexual contact with Student
Lee N., by contact between the hand of the Respondent and
the genitals of said Student
8. At the time he engaged in sexual contact with Student
Lee N., Respondent knew that he was a child younger than
seventeen (17) years of age.
9. At the time he engaged in sexual contact with Student
Lee N., Respondent knew that said child was not his spouse.
10. On or about the July, 1991 term, the Grand Jury
for the 282nd Judicial District Court of Dallas County
issued True Bill of Indictment Number F91-36501-S, charging
Respondent with the felony criminal offense of Indecency
With a Child.
11. On or about November 5, 1992, in Cause Number
F91-36501-S before the 282nd Judicial District Court of
Dallas County, Texas, the Respondent did plead guilty to the
criminal offense of Indecency With a Child. Respondent was
admonished by the Court of the consequences of the said plea
and Respondent persisted in entering said plea. Respondent
in open court and in writing having waived the reading to
the charging instrument, the appearance, confrontation, and
cross-examination of witnesses, and agreed that the evidence
may be stipulated and consented to the introduction of
testimony orally, by judicial confession, by affidavits,
written statements and any other documentary evidence and
such waiver and consent having been approved by the Court in
writing and filed in the papers of the cause, and the Court
having heard Respondent's waiver of the reading of the
charging instrument, Respondent's plea thereto, the evidence
submitted, and the argument of counsel, was of the opinion
from the evidence submitted that Respondent is guilty of the
offense as set forth above.
12. On or about November 5, 1992, in Cause Number
F91-36501-S before the 282nd Judicial District Court of
Dallas County, Texas, Respondent was sentenced to a term of
imprisonment in the Institutional Division of the Texas
Department of Criminal Justice for a period of twenty (20)
years. Respondent is currently incarcerated in the Texas
Department of Criminal Justice, Institutional Division.
13. On or about July 31, 1991, in Dallas County,
Texas, and with the intent to arouse and gratify his own
sexual desire, Respondent did engage in sexual contact with
Student , by contact between the hand of the Respondent
and the genitals of said Student
14. On or about the July, 1991 term, the Grand Jury
for the 282nd Judicial District Court of Dallas County
issued True Bill of Indictment Number F91-36412-S, charging
Respondent with the felony criminal offense of Indecency
With a Child.
15. On or about November 5, 1992, in Cause Number
F91-36412-S before the 282nd Judicial District Court of
Dallas County, Texas, the Respondent did plead guilty to the
criminal offense of Indecency With a Child. Respondent was
admonished by the Court of the consequences of the said plea
and Respondent persisted in entering said plea. Respondent
in open court and in writing having waived the reading to
the charging instrument, the appearance, confrontation, and
cross-examination of witnesses, and agreed that the evidence
may be stipulated and consented to the introduction of
testimony orally, by judicial confession, by affidavits,
written statements and any other documentary evidence and
such waiver and consent having been approved by the Court in
writing and filed in the papers of the cause, and the Court
having heard Respondent's waiver of the reading of the
charging instrument, Respondent's plea thereto, the evidence
submitted, and the argument of counsel, was of the opinion
from the evidence submitted that Respondent is guilty of the
offense as set forth above.
16. On or about November 5, 1992, in Cause Number
F91-36412-S before the 282nd Judicial District Court of
Dallas County, Texas, Respondent was sentenced to a term of
imprisonment in the Institutional Division of the Texas
Department of Criminal Justice for a period of twenty (20)
years. Respondent is currently incarcerated in the Texas
Department of Criminal Justice, Institutional Division.
17. On or about July 31, 1991, in Dallas County,
Texas, and with the intent to arouse and gratify his own
sexual desire, Respondent did engage in sexual contact with
Student , by contact between the hand of the
Respondent and the genitals of said Student
18. At the time he engaged in sexual contact with
Student , Respondent knew that he was a child younger
than seventeen (17) years of age.
19. At the time he engaged in sexual contact with
Student , Respondent knew that said child was not his
spouse.
20. On or about the July, 1991 term, the Grand Jury
for the 282nd Judicial District Court of Dallas County
issued True Bill of Indictment Number F91-36500-S, charging
Respondent with the felony criminal offense of Indecency
With a Child.
21. On or about November 5, 1992, in Cause Number
F91-36500-S before the 282nd Judicial District Court of
Dallas County, Texas, the Respondent did plead guilty to the
criminal offense of Indecency With a Child as charged in
Indictment Number F91-36500-S. Respondent was admonished by
the Court of the consequences of the said plea and the range
of punishment prescribed by law and that the Court was not
bound by any recommendation of the prosecutor regarding
punishment, and the Respondent persisted in entering said
plea. Respondent in open court and in writing having waived
the reading of the indictment, the appearance,
confrontation, and cross-examination of witnesses, and
agreed that the evidence may be stipulated and consented to
the introduction of testimony by affidavits, written
statements of witnesses and any other documentary evidence
and such waiver and consent having been approved by the
Court in writing and filed in the papers of the cause, and
the Court having heard Respondent's waiver of the reading of
the indictment, Respondent's plea thereto, the evidence
submitted, and the argument of counsel, was of the opinion
from the evidence submitted that Respondent is guilty of the
offense of Indecency With a Child Younger than 17 years, a
2nd Degree Felony, as charged in the Indictment.
22. On or about November 5, 1992, in Cause Number
F91-36500-S before the 282nd Judicial District Court of
Dallas County, Texas, Respondent was placed on probation for
a period of ten years, such period of probation to begin and
be effective as of the 5th day of November, 1992, subject to
the terms and conditions of probation imposed by law and by
the Court and served upon the Respondent by the Clerk of the
Court.
23. At all times relevant hereto Respondent knew, or
in the exercise of reasonable professional judgment should
have known, that his conduct posed a serious risk of harm to
the well-being of the children involved, but Respondent did
pursue his course of conduct in wanton disregard of the
consequences of his actions.
24. Respondent presents a threat to the public
schoolchildren of this state and there exists imminent peril
to the public health, safety or welfare of the
schoolchildren of this state.
Discussion
Respondent has demonstrated conduct that is harmful to
the safety and welfare of children and is in violation of
state laws. Respondent has also exhibited a pattern of
irremediable conduct and attitude. The facts herein warrant
the immediate revocation of Respondent's teaching
credentials.
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 Ann. +11.13.
2. The State Commissioner of Education is authorized
by law to issue teaching certificates to Texas public school
teachers in accordance with Section 13.001, et seq., of the
Texas Education Code. Tex. Educ. Code +11.52(g).
3. Pursuant to Sections 13.046(a)(1) and (a)(2),
13.046(d) and 13.046(e) of the Texas Education Code, the
State Commissioner of Education has full power and authority
to suspend or cancel any teacher's certificate, or to
reprimand a teacher, upon satisfactory evidence that the
holder is conducting his school or teaching activities in
violation of the laws of this state, or upon satisfactory
evidence that the holder is a person unworthy to instruct
the youth of this state.
4. At all times relevant hereto Respondent knew, or
in the exercise of reasonable professional judgment should
have known, that his conduct posed a serious risk of harm to
the well-being of the children involved, but Respondent did
pursue his course of conduct in wanton disregard of the
consequences of his actions.
5. 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 children.
6. Pursuant to Section 13.046(a)(1) of the Texas
Education Code, and by virtue of the conduct alleged herein,
Respondent has conducted his school or teaching activities
in violation of the laws of this state.
7. Pursuant to Section 13.046(a)(2) of the Texas
Education Code and Texas Revised Civil Statute Article
6252-13c, and by reason of the conduct admitted to by
Respondent herein, Respondent is a person unworthy to
instruct the youth of this state.
8. Respondent's teaching credentials are to be
revoked immediately.
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
Number XXX-XX-XXXX be, and is hereby, REVOKED; and,
IT IS FURTHER ORDERED that Respondent immediately
surrender his copy of Texas Teacher Certificate Number
XXX-XX-XXXX 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 teaching
credentials; 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