Findings of Fact in Chayce Wilson, Matt Brooks, Joelle Ogletree case

Findings of Fact in Chayce Wilson, Matt Brooks, Joelle Ogletree case

3 November 2007 at 2:06:15 PM

1. Joelle Ogletree, Respondent, holds a Texas Educator Certificate (teaching certificate) issued by the State Board for Educator Certification (SBEC), a division of the Texas Education Agency (TEA).

2. The teaching certificate was effective December 17, 1999 through August 31, 2005.

3. Ms. Ogletree applied for renewal of the teaching certificate on June 5, 2005.

4. In July 2004, SBEC’s Staff initiated an investigation into allegations that Ms. Ogletree had engaged in sexual misconduct with some of her students.

5. In January 2005, Staff informed Ms. Ogletree that a formal complaint had been filed with the SBEC relating to the allegations of sexual misconduct.

6. On December 18, 2005, SBEC notified Ms. Ogletree of its intent to deny her renewal application due to the ongoing disciplinary investigation.

7. A final determination on Ms. Ogletree’s renewal application has not been made.

8. On April 27, 2006, Staff filed its Notice of Hearing on the allegations of sexual misconduct against Ms. Ogletree. The notice informed Ms. Ogletree of the time, date, and location of the hearing; the legal authority under which the hearing would be held; the factual allegations asserted by Staff; and the applicable statutory and rule provisions relating to the factual allegations.

9. Ms. Ogletree received the Notice of Hearing.

10. On May 12, 2006, Staff filed with the State Office of Administrative Hearings its Second Amended Complaint (Complaint). The complaint informed Respondent that Staff was seeking the revocation of Respondent’s teaching certificate based on allegations of sexual misconduct with two of her students.

11. The hearing before the State Office of Administrative Hearings convened June 20, 2006 and closed June 22, 2006, after three days of testimony.

12. Staff appeared at the hearing and was represented by Joyce Smith, Assistant Counsel for TEA’s Legal Certification Enforcement Unit; and Christopher Jones, counsel for TEA. Ms. Ogletree appeared and was represented by her attorney, Tony Conners.

13. Ms. Ogletree never wore clothing inappropriate for a teacher; she never wore short skirts, tight pants, or plunging necklines.

14. Ms. Ogletree never made sexually inappropriate comments in her classroom generally or to Matt B., Chayce W., or Sam F. specifically.

15. Ms. Ogletree never intentionally leaned over in front of Matt, Chayce, or any other boys in order to show them her breasts.

16. Ms. Ogletree never intentionally or inappropriately rubbed up against Matt, Chayce, Sam, or anyone else.

17. Ms. Ogletree never acted in a sexually inappropriate manner with Chayce.

18. Chayce was never alone with Ms. Ogletree in her classroom while the door to the room was closed or locked.

19. Ms. Ogletree was not a sponsor of the high school’s color guard during the spring of 2002; she first became sponsor the following fall semester.

20. Ms. Ogletree never wore a color guard uniform during the spring of 2002.

21. Ms. Ogletree never changed in front of Chayce.

22. Ms. Ogletree did not display her bra to Chayce.

23. Ms. Ogletree and Chayce never joked or teased about kissing and touching while sitting behind Ms. Ogletree’ desk in her classroom.

24. Chayce never told Ms. Ogletree he would put his hand under her skirt.

25. Chayce never put his hand under Ms. Ogletree’s skirt or in her pants.

26. Ms. Ogletree never exchanged notes of any type with Chayce.

27. Ms. Ogletree never flirted with Chayce.

28. Ms. Ogletree never sat on the floor of her classroom next to Chayce.

29. Ryan A., a classmate of Chayce, never entered Ms. Ogletree’s classroom while she was alone with Chayce.

30. Chayce never asked Ms. Ogletree to perform oral sex on him.

31. Sexual contact between Ms. Ogletree and Chayce never occurred.

32. Ms. Ogletree never approached Chayce while visiting the video rental store where he worked and apologized to him for having kissed another student.

33. Ms. Ogletree never discussed rumors or allegations of sexual misconduct while visiting the video store.

34. Ms. Ogletree never had sexual contact or acted in a sexual manner with Matt.

35. Matt B. has visited the Ms. Ogletree house twice.

36. Matt was never alone with Ms. Ogletree at her house; Ms. Ogletree’s husband and others were present both times Matt visited the Ogletree house.

37. Matt never played a game called “Truth or Dare” with Ms. Ogletree.

38. Ms. Ogletree never asked Matt what he would think of a teacher kissing a student.

39. Ms. Ogletree never kissed Matt.

40. At different times, Matt claimed both that he had not made copies of a poem he wrote about Ms. Ogletree and that he had made copies of it.

41. Matt is not credible because he told people differing versions about what allegedly had happened between him and Ms. Ogletree.

42. During the summer of 2002, Ms. Ogletree’s husband, cousin, and Matt unloaded a piano from Ms. Ogletree’s truck and moved it through the garage and into the house.

43. After the piano was moved into the house, Ms. Ogletree, her husband, their daughter, her cousin, and Matt went to Montana Restaurant in Granbury, where they ate dinner.

44. Ms. Ogletree engaged in no improper conduct with Matt on the day the piano was moved into her house.

45. During a camp-out several boys attended at the Ogletree house on September 20, 2002, Ms. Ogletree did not kiss Matt or have sexual contact with him.

46. Matt’s estimates of the length of time Ms. Ogletree spent masturbating him varied from two-to-three minutes up to five-to-ten minutes.

47. While returning to her house after driving Matt to his house to get medicine for a migraine headache he was complaining of, Ms. Ogletree proceeded directly to her house and did not have sexual contact with Matt.

48. Ms. Ogletree’s young daughter was with her and Matt when they traveled to Matt’s house to get his migraine medication.

49. The night of the camp-out, Ms. Ogletree’s car would not mechanically have allowed her to turn off its headlights but keep the motor running.

50. Ms. Ogletree wrote Matt three notes with coded meanings.

51. Ms. Ogletree never wrote Matt a note containing a message with sexual meaning or innuendo.

52. Ms. Ogletree never explained the coded meanings to Matt.

53. Each of the three coded notes was written by Ms. Ogletree in the open; she did not try to hide anything from the class.

54. Ms. Ogletree’s French class played the “I’ve Never” game once, and possibly twice, while Matt and Chayce were her students.

55. The “I’ve Never” game was played at the end of a six weeks’ test.

56. Ms. Ogletree never used profanity or made sexual innuendos during the “I’ve Never” game.

57. Ms. Ogletree did not allow sexually oriented conduct during the game.

58. Sam made sexual allegations against Ms. Ogletree so that the adults would leave him alone and the matter would go away.

59. Sam never saw Ms. Ogletree engage in any sexual acts or inappropriate touching with any students, including Matt and Chayce.

60. Sam F. never engaged in any sexual relationship or any other inappropriate conduct with Ms. Ogletree.

61. Joelle Ogletree graduated fifth in her class at Glen Rose High School in 1996.

62. Ms. Ogletree won honors in French every year she was in high school.

63. After graduating from high school, Ms. Ogletree enrolled at Tarlton State University on a presidential honor scholarship.

64. Ms. Ogletree had a 4.0 grade point average at Tarleton and was chosen as the outstanding graduate for the English Department at Tarleton.

65. In the spring of 2005, Ms. Ogletree completed her masters degree in English at Tarleton State University.

66. Until the allegations that led to her dismissal, Ms. Ogletree had never received any reprimands, was never placed on a growth plan, and no complaints or grievances had ever been filed against her.

67. Ms. Ogletree did not favor male students over female students.

68. Ms. Ogletree did not use profanity or make sexual comments or innuendos while at school.

69. Ms. Ogletree never acted in a sexually inappropriate manner with students.

70. Ms. Ogletree was a highly intelligent person and excellent teacher who establishes good teaching relationships in the classroom.

71. When four students were unable to fit Ms. Ogletree’s class into their schedules, Ms. Ogletree gave up her planning period in order to teach them.

72. Ms. Agic, Coach Dye, and Ms. Harper are not aware of any complaints about Ms. Ogletree.

73. Doug Ogletree, Ms. Agic, Coach Dye, and Ms. Harper have never observed Ms. Ogletree dressing inappropriately, using profanity, or making sexually oriented remarks.

74. Chayce W. and Matt P. had a disregard for the rules in Ms. Ogletree’s class.

75. Chayce W. and Matt P exhibited the attitude that Ms. Ogletree’s French class was a blow-off class.

76. Chayce and Matt would often act up in Ms. Ogletree’s class.

77. Chayce and Matt asked Ms. Ogletree the English translation of a particular French phrase from a song, when the phrase meant, “Do you want to go to bed with me tonight?”

78. At times, Matt and Chayce would try to see how much they could get away with in school.

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