1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 PATRICK FOREST ROYAL ) REVOCATION OF EDUCATOR LICENSE 6 7 8 On September 12, 2012, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Patrick Forest Royal (Royal) in which the 10 Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was sent 11 via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0318 to the 12 address on file with the Commission. The Notice designated the Commission file as the record 13 for purposes 0f proving a prima facie case. The Certified Mail was not returned to the 14 Commission, and the return receipt was received by TSPC on September 17, 2012. The regular 15 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated ‘ 16 September 12, 2012, and signed by Victoria Chamberlain, Executive Director, stated: l l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR i 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. ‘ 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 Royal did not request a hearing. The Commission, therefore, finds Royal t0 be in default and 26 enters the following findings of fact, conclusions 0f law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Patrick Forest Royal has been licensed by the Commission since July 13, 1988. Royal’s 30 Continuing Administrator License endorsed with Administrator (ALL LVL), issued October 31 22, 2008, expires on October 21, 2013. Royal’s Basic Teaching License expired on October 32 21, 2003 and has not been renewed. During all relevant times, Royal was not employed by 33 any known School District. 34 2. On February 3, 2012, Royal was found guilty by a jury and subsequently convicted of Assault in the 35 Second Degree (Domestic Abuse) (ORS 163.175), a class B Felony, and contempt of court for 36 multiple violations of a restraining order related to the domestic assault. Royal was sentenced to 37 seventy months incarceration in State Prison, to be followed by thirty-six months of post prison 38 supervision, and Royal is required to complete a batterer’s education program of at least one year in 39 length. PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE- ROYAL, PARTRICK FOREST 1 3. The above convictions arose from allegations that on or about August 1, 2011, Royal intentionally or 2 knowingly physically assaulted his spouse, causing her serious physical injury; specifically, multiple 3 lacerations and contusions to her face and head. Records indicate that on August 5, 2011, Royal was 4 served with a restraining order, which he later violated on three separate occasions. 5 CONCLUSIONS OF LAW 6 Royal's conduct described above, and the conduct underlying his convictions constitutes 7 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 8 incorporates OAR 584-020-0010(5) (Use professional judgment); and OAR 584-020- 9 oo4o(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the profession 10 by respecting and obeying the law, exemplifying personal integrity and honesty). This conduct 11 also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) 12 (Conviction of violating any federal, state, or local law. A conviction includes any final 13 judgment of conviction by a court whether as the result of guilty plea, no contest plea or any 14 other means); and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 15 criminal conduct, even in the absence of a conviction). 16 Furthermore, the conduct described above demonstrates that Royal lacks good moral 17 character, mental or physical fitness to hold a license as required under ORS 342.143(2). 18 The Commission’s authority to impose discipline in this matter is based upon ORS 19 342.175. 20 FINAL ORDER 21 The Commission hereby revokes Patrick Forest Royal’s Educator licensure. 22 IT IS so ORDERED THIS 251i‘ day of January, 2013. 23 TEACHER STANDARDS AND PRACTICES COMMISSION l ~ m M 24 By: — 25 Victoria Chamberlain, Executive Director i? 28 29 NOTICE OF APPEAL OR RIGHTS 3(1) YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 32 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 33 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 34 THE OREGON COURT OF APPEALS. PAGE 2-—DEFAULT ORDER OF REVOCATION OF LICENSURE- ROYAL, PARTRICK FOREST CERTIFICATE OF MAILING I 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-Return Receipt Requested, addressed to: Patrick Forest Royal c/o Snake County Correctional Institution 777 Stanton Blvd # 10263548 Ontario, Oregon 97914 . i Dated this 123 b day of January, 2013. “ > . - . 1; -. By: '\ er/flb adeiz/L Pat LL ddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— ROYAL, PATRICK FOREST