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 ) IMPOSITION OF

6 JAMES RALPH GADBERRY ) PUBLIC REPRIMAND

7

8 On March 26, 2009, the Teacher Standards and Practices Commission (Commission)
9 issued a Notice of Opportunity for Hearing to James Ralph Gadberry (Gadberry) In which the
10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S.
11 First Class Mail and U.S. Certified Mail Receipt 7008 1140 0002 8580 9157 to the address on
12 file with the Commission. The Notice of Opportunity of Hearing, dated March 26, 2009, and

13 signed by Victoria Chamberlain, Executive Director, stated:

14 "You, James Ralph Gadberry, are entitled to a hearing on the proposed action of

15 the Commission. If you want a hearing, you must file a written request for a

16 hearing with the Commission within 21 days of the date of this notice. Attached

17 to this notice is a copy of the procedures, right of representation and other rights

18 of parties relating to the conduct of a hearing as required under ORS

19 183.413(2)."
20
21 The Certified Mail receipt shows that Gadberry received the notice on March 27, 2009.
22 Gadberry did not request a hearing. The Commission, therefore, finds Mr. Gadberry to
23 be in default and enters the following findings of fact, conclusions of law and order,
24 based on the files and records of the Commission concerning this matter.
25 FINDINGS OF FACT
26 1. On or about February 7, 2008, Gadberry was working as a teacher with the Nestucca Valley
27 School District. On that day, Gadberry grabbed a student on or near his neck and shoulder during a
28 confrontation in a wrestling practice. Gadberry admitted to grabbing the student during the
29 confrontation.

30 ///

31 ///

PAGE 1 — DEFAULT ORDER OF IMPOSITION OF PUBLIC REPRIMAND — JAMES RALPH GADBERRY

l CONCLUSIONS OF LAW
g Gadberryfs conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b);
4 OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment);
5 OAR 584-020-0040(4)(d) (Unreasonable physical force against students, fellow employees, or
6 visitors to the school, except as permitted under ORS 339.250). The Commission's authority to
7 impose discipline in this matter is based upon ORS 342.175.
8 FINAL ORDER
9 The Commission adopts and incorporates herein the above findings of facts and
10 conclusions of law, and based thereon, hereby impose a Public Reprimand on the Standard
11 Administrative License and Standard Teaching License issued to James Ralph Gadberry.
12 Issued and dated this flay of June, 2009.
13 TEACHER STANDARDS AND PRACTICES COMMISSION
i‘; 2 2 2 ,
16 y: M
17 Victoria C ain, Executive Director
18
19 NOTICE OF APPEAL OR RIGHTS
2(1) YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
22 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE
23 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS
24 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 2 — DEFAULT ORDER OF IMPOSITION OF PUBLIC REPRIMAND - JAMES RALPH GADBERRY

1 CERTIFICATE OF MAILING
2
3 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
4 as such by U.S. First Class Mail to and U.S. Certified Mail to:
5
6 James Ralph Gadberry
7 5636 K St ‘
8 Washougal WA 98671
9 £54;
10 Dated this day of June, 2009.
11
12 , w
13 W Mada/D
14 By:
15 Mel y Han xecutive Assistant
PAGE 1 —- CERTIFICATE OF MAILING —- JAMES RALPH GADBERRY