l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION AND 6 ) REVOCATION OF RIGHT 7 MATTHEW TODD LOVE ) TO APPLY FOR LICENSURE 8 9 On March 27, 2017, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Matthew Todd Love (Love) 11 in which the Commission charged him with Gross Neglect of Duty and Gross Unfitness. 12 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7016 0750 l3 0000 2419 0938 to the address on file with the Commission. The Notice designated the 14 Commission file as the record for purposes of proving a prima facie case. The Certified 15 Mail was returned unclaimed to the Commission on May 17, 2017. The regular first class 16 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated 17 March 27, 2017, and signed by Monica Beane, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Love did not request a hearing. The Commission, therefore, finds Love to be in default 27 and enters the following findings of fact, conclusions 0f law, and final order, based on 28 the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Matthew Todd Love has been licensed by the Commission since July 18, 1988. 31 Love’s Standard Teaching License, with endorsements in Basic Language Arts (020) 32 and Standard Social Studies (020), was valid from March 11, 2012, through March 33 10, 2017. During all relevant times, Love was employed by the Astoria School 34 District. 35 2. On or about May 2o, 2016, the Commission received a report from the Oregon 36 Department of Humans Services (DHS) indicating Love was the subject of an abuse 37 report from a minor aged female student 0f another school district. Subsequent PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSURE - MATTHEW TODD LOVE 1 DHS, law enforcement, and Commission investigations determined that on or about 2 May 14, 2016, Love had communicated with the student via Facebook messenger 3 where Love professed his love for the student and attempted t0 induce the student to 4 have sex with him. 5 3. On July 25, 2016, the Clatsop County Circuit Court issued an indictment, charging 6 Love with one count of Luring a Minor, ORS 167.057, a class “C” felony, and Official 7 Misconduct in the First Degree, ORS 162.415 a class “A” misdemeanor. On January 8 13, 2017, as part of a plea agreement, Love was convicted of Luring a Minor, ORS 9 167.057, a class “C” felony. Love was sentenced, in part, to 30 days in jail; 24 months 10 of probation supervision; required to register as a sex offender; and to forfeit his 11 teaching certificate permanently. On February 14, 2017, Love notified the 12 Commission that he was surrendering his teaching license and would not be 13 requesting a hearing related to his case. 14 4. Love’s criminal charges and subsequent convictions arose from allegations that on or 15 about May 14, 2016, Love had communicated with a student via Facebook messenger 16 where Love professed his love 0f the student and attempted to induce the student to 17 have sex with him. The involved student, AG, was a female student of the Oregon 18 City School District and under the age of eighteen years. AG had previously been 19 L0ve’s student while she had been attending Newport High School several years 20 prior. 2l 22 CONCLUSIONS OF LAW 23 Matthew Todd Love’s criminal convictions constitute gross neglect of duty in 24 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 25 020-0010(5) (Use professional judgment); and OAR 584-020-0040(1) (The 26 Commission will deny, revoke or deny the right to apply for a license or charter school 27 registration to any applicant or educator who, has been convicted 0f any of the crimes 28 listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted 29 in another jurisdiction), including OAR 584-o2o-oo4o(1) (pp) (ORS 167.057 —Luring a 30 Minor). This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); 31 OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local law. A PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSURE - MATTHEW TODD LOVE 1 conviction includes any final judgment of conviction by a court whether as the result of 2 guilty plea, no contest plea or any other means); OAR 584-020-0040(5)(d) 3 (Commission of an act listed in OAR 584-02o-oo4o(1)); and OAR 584-020-0040(5)(e) 4 (Admission of or engaging in acts constituting criminal conduct, even in the absence of 5 a conviction). 6 7 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards 8 and Practices Commission must revoke Love's license and Love’s right to apply for a 9 license based on conviction of any of the crimes listed in ORS 342.143(3)(a), or the 10 substantial equivalent of any of those crimes. l l 12 Furthermore, the conduct underlying L0ve’s indictments and convictions 13 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 14 oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment); OAR 15 584-02o-oo4o(4)(k)( Violation of any rule or order of the Commission); OAR 584- 16 o2o-oo4o(4)(t) (Any sexual conduct with a student) as defined by OAR 584-020- 17 0005(5); OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D) 18 (Honoring appropriate adult boundaries with students in conduct and conversations 19 at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by 20 respecting and obeying the law, exemplifying personal integrity and honesty). 21 Additionally, your conviction and conduct related to your conviction constitute “gross 22 unfitness” in violation of ORS 342.175(1)(c); OAR 584-o2o-oo4o(3)(c) and (d) as 23 defined by OAR 584-020-0040 (5) (Gross unfitness is any conduct which renders an 24 educator unqualified to perform his 0r her professional responsibilities). 25 26 The Commission’s authority to impose discipline in this matter is based upon ORS 27 342.175. 28 FINAL ORDER 29 The Commission hereby revokes Matthew Todd Love's Oregon educator license 30 and his right to apply for an Ortfion educator license. 31 IT rs so ORDERED THIS _8_'day of June, 2017. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSURE - MATTHEW TODD LOVE l TEACHER STANDARDS AND PRACTICES COMMISSION 2 3 Wm M 4 By: 5 Dr. Monica Beane, Executive Director 6 7 8 9 NOTICE OF APPEAL OR RIGHTS 10 1 1 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY l2 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE l3 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 14 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF REVOCATION AND REVOCATION 0F RlGHT TO APPLY FOR LICENSURE - MATTHEW TODD LOVE