Gomez v. Texas Education Agency, Educator Certification & Standards Division
2011 Tex. App. LEXIS 9277
| Tex. App. | 2011Background
- Gomez appeals the district court's affirmation of the Board's order revoking his Texas educator certificate after conduct at a nightclub suggested unfitness to instruct.
- The Board concluded Gomez's public indecent exposure constitutes unworthiness to instruct under its rules; ALJ found no basis to discipline Gomez, but Board adopted new conclusions of law.
- Gomez's arrest was expunged; a motion to exclude testimony based on expunged records was denied by the ALJ; Cavazos testified as eyewitness while avoiding expunged materials.
- The district court upheld the Board's final order; Gomez challenged Board's interpretation of unworthy to instruct, admission of eyewitness testimony, and a motion for leave to present additional evidence.
- The court applied the substantial-evidence standard under the Texas APA and deferred to Board interpretation where reasonable under the statute and rules.
- The Board's final order revoked Gomez's certificate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board's interpretation of 'unworthy to instruct' is reasonable | Gomez argues Board relied on a faulty interpretation equating 'unworthy' strictly with subchapter B violations. | Gomez contends Board can determine unworthiness based on conduct showing moral turpitude without a criminal conviction. | Board's interpretation is reasonable; revocation upheld. |
| Whether Cavazos's eyewitness testimony was properly admitted despite expunction | Expunction bars use of arrest records, including testimony derived from them. | Eyewitness testimony based on memory, not expunged records, was permissible. | Testimony properly admitted; expunction did not bar eyewitness evidence. |
| Whether district court erred in denying leave to present additional evidence | Gomez sought to introduce a 2009 order to prove noncompliance with expunction. | No proper basis to remand; evidence not material to the agency record. | District court did not abuse its discretion; remand denied. |
Key Cases Cited
- Marrs v. Matthews, 270 S.W.586 (Tex.Civ.App.-Texarkana 1925) (unworthiness excludes morally unfit teachers)
- Bustamante v. Bexar Cnty. Sheriff's Civil Serv. Comm'n, 27 S.W.3d 50 (Tex.App.-San Antonio 2000) (eyewitness testimony not barred by expunction order)
- City of Waco v. Texas Comm'n on Envtl. Quality, 346 S.W.3d 781 (Tex.App.-Austin 2011) (deference to agency interpretation if reasonable)
- Ex parte S.C., 305 S.W.3d 258 (Tex.App.-Houston [14th Dist.] 2009) (expunction scope not limited to agency records)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse of discretion standard for evidentiary rulings)
- TGS-NOPEC Geophysical Co. v. Combs, 340 S.W.3d 432 (Tex. 2011) (statutory construction and deference to agency interpretations)