1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF 6 RICHARD RONALD PEROZZI ) TEACHING LICENSE 7 8 On December 13, 2010, the Teacher Standards and Practices Commission 9 (Commission) Issued a Notice of Opportunity for Hearing to Richard Ronald Perozzi 10 (Perozzi) in which the Commission charged him with Gross Neglect of Duty and Gross 11 Unfitness pursuant to ORS 342.143(3)(a) and OAR 584-020-0040(3)(a) and OAR 584- 12 020-0040(5). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail l3 Receipt 7010 0290 0001 6831 4848 to the address on file with the Commission. The 14 regular mail was not returned to the Commission. The certified mail was signed for on 15 December 15, 2010. The Notice of Opportunity of Hearing, dated December 13, 2010, 16 and signed by Victoria Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE." 24 25 Perozzi did not request a hearing. The Commission, therefore, finds Perozzi to be in 26 default and enters the following findings of fact, conclusions of law and order, based on 27 the files and records of the Commission conceming this matter. 28 FINDINGS 0F FACT 29 1. Richard Ronald Perozzi has been licensed as a teacher in Oregon since 30 November 9, 2000. Perozzis Initial I Teaching License, with an endorsement in 31 Special Education, issued on October 9, 2008, expired on November 9, 2010. 32 During all relevant times, Perozzi was employed by the Philomath School District. PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - PEROZZI, RICHARD RONALD 1 2. On or about November 4, 2009, you pled guilty and were convicted of one felony 2 count of Communication with a Minor for Immoral Purposes (RCW 9.68A.090(2) 3 and one felony count of Child Molestation in the Third Degree (RCW 9A.44.089). 4 3. These convictions arose from inappropriate conduct that Perozzi had with a 15- 5 year-old female at a band camp in Lewis County, WA. Perozzi was sentenced to 6 nine months in the Lewis County jail, to have no contact with the victim, and had 7 a Sexual Assault Protection order filed against him. 8 CONCLUSIONS OF LAW 9 Pursuant to 342.143(3)(a)(C), ORS 342.175(1)(a) and OAR 584-020-0040(1) the 10 Teacher Standards and Practices Commission may revoke Richard Ronald Perozzi's 11 license and his right to apply for a license based on his convictions in another 12 jurisdiction of a crime “substantially equivalent" to any of the crimes listed in (A) and (B) 13 of ORS 342.143(3)(a). Perozzi’s conviction for RCW 9.68A.090(2) is “substantially 14 equivalent” to ORS 163.432 (Online Sexual Corruption of a Child in the Second 15 Degree). Perozzis conviction for RCM 9A.44.089 is "substantially equivalent" to ORS 16 163.415 (Sexual abuse in the Third Degree) as listed in ORS 342.143(3)(a)(A). l7 Additionally, Perozzi's convictions constitute “gross unfitness" in violation of ORS 18 342.175(1)(c); OAR 584-020—0040(3)(a) and (d) as defined by OAR 584-020-0040 (5) 19 (“Gross unfitness is any conduct which renders an educator unqualified to perform his 20 or her professional responsibilities"). 21 The Commission’s authority to impose discipline in this matter is based upon 22 ORS 342.175. 23 I I I 24 I II 25 / I l 26 l l I 27 I I I 28 I I I PAGE 2~DEFAULT ORDER OF LICENSE REVOCATION - PEROZZI, RICHARD RONALD 1 FINAL ORDER 2 The Commission hereby revokes Richard Ronald Perozzi's Initial I Teaching 3 License. 4 IT IS SO ORDERED THIS [/vhday of February, 2011. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 . ( 7 M 8 By- m) 9 Victoria Cha erlain, Executive Director 10 11 12 13 14 NOTICE OF APPEAL OR RIGHTS 15 l6 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY l7 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 18 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS l9 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 20 PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION - PEROZZI, RICHARD RONALD CERTIFICATE OF MAILING l hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Retum Receipt Requested, addressed to: Richard Ronald Perozzi . 3939 s. 6"‘ Street, #281 y Klamath Falls OR 97603 5 "va Dated this .~ day of April, 2011 . ‘ / "l *7‘ * P‘ Ml By: ‘I’, \ M Mel y Hans n , Exe utive As 's ant PAGE 1- CERTIFICATE OF MAILING-—PEROZZI, RICHARD RONALD