1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION OF 6 DAVID WESLEY WRIGHT ) OF RIGHT TO APPLY 7 8 On October 18, 2013, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to David Wesley Wright 10 (Wright) in which the Commission charged him with Gross Neglect of Duty. The Notice 11 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7012 1010 0003 2804 12 2025 to the address on file with the Commission. The Notice designated the 13 Commission file as the record for purposes of proving a prima facie case. The Notice of 14 Opportunity of Hearing, dated October 18, 2013, and signed by Victoria Chamberlain, 15 Executive Director, stated: l6 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l7 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED l8 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR l9 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 20 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 21 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 22 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 23 24 Wright did not request a hearing. The Commission, therefore, finds Wright to be in 25 default and enters the following findings of fact, conclusions of law, and final order, 26 based on the files and records of the Commission concerning this matter. 27 FINDINGS OF FACT 28 1. Wright been licensed as a teacher in Oregon since August 29, 1996. Wright’s 29 Standard Teaching License, with endorsements in Basic Social Studies (020), 30 Engineering Technology (CTE/ HS), Manufacturing Technology (CTE/ HS) and 31 Standard Technology Education (018) was issued on February 4, 2008, and expired 32 on February 3, 2013. Wright did not submit an application for renewal. During all 33 relevant times, Wright was employed by the Roseburg School District. 34 2. On April 5, 2013, Wright was convicted of one count of Using a Child in a Display of 35 Sexually Explicit Conduct ORS 163.670, a class A Felony. The crime, Using a Child in a 36 Display of Sexually Explicit Conduct, is listed in the mandatory crime list requiring 37 revocation of one’s teaching license. Pursuant to OAR 584-020-0040(1) the Commission PAGE 1-DEFAULT ORDER OF REVOCATION, RIGHT To APPLY - WRIGHT, DAVID WESLEY I will revoke the license of any educator who has been convicted of any of the crimes listed in 2 ORS 342.143, or the substantial equivalent of any of those crimes if convicted in another 3 jurisdiction. 4 3. Wright’s conviction arose from allegations that Wright had possession of multiple digital 5 photographs depicting a female student, under the age of 18 engaged in sexually explicit 6 conduct. The student was not a student of Wright’s, and did not attend the school where 7 Wright taught. Investigation revealed that Wright had paid this student t0 send him nude, 8 digital photographs of her. During this time frame, Wright was employed by the Roseburg 9 School District. Wright was sentenced to serve seventy (70) months incarcerated, pay fines, 10 and register as a sex offender pursuant to Oregon law. 11 CONCLUSIONS OF LAW 12 Wright’s conviction Using a Child in a Display of Sexually Explicit Conduct, as 13 described in section two (2) above constitutes gross neglect of duty in violation of ORS 14 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 15 professional judgment); and OAR 584-020-0040(1)(y) (ORS 163.670 — Using a Child in 16 Display 0f Sexually Explicit Conduct). This conduct also constitutes gross unfitness in 17 violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(d) (Commission of an act listed 18 in OAR 584-020-0040(1)), and OAR 584-020-0040(5)(e) (Admission of or engaging in 19 acts constituting criminal conduct, even in the absence of a conviction). 20 Pursuant to ORS 342.175(3) and OAR 584,020-00400) the Teacher Standards 21 and Practices Commission must revoke Wright’s license and/ or Wright’s right to apply 22 for a license based on Wright’s conviction of any of the crimes listed in ORS l 23 342-143(3)(a)- 24 Wright’s conduct underlying his indictments and conviction as described in 25 section three (3) above, constitutes gross neglect of duty in violation of ORS 26 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 27 professional judgment); OAR 584-020-0040(4)(k) (knowing violation of any rule or 28 order of the Commission); OAR 584-020-0040(4)(t) (Any sexual conduct with a 29 student), and OAR 584-020-004o(4)(0) as it incorporates OAR 584-020- 30 0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law, 31 exemplifying personal integrity and honesty). The Commission relies on the definitions PAGE 2-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - WRIGHT, DAVID WESLEY 1 of sexual conduct in ORS 339.37o(9) and OAR 584-020-0005(5). 2 3 The Commission's authority to impose discipline in this matter is based upon ORS 4 342.175. 5 6 FINAL ORDER 7 The Commission hereby revokes David Wesley Wright’s right to apply for an 8 Oregon educator license. 9 1T IS SO ORDERED THIS {QM} day of November, 2013. 10 TEACHER STANDARDS AND PRACTICES COMMISSION l l 12 13 By: ._____ 14 Victoria Chamberlain, Executive Director ‘ 15 f 16 NOTICE OF APPEAL OR RIGHTS l 17 l 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 19 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 2O SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 21 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION. RIGHT T0 APPLY - WRIGHT, DAVID WESLEY