1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF DENIAL 5 Teaching License of ) OF APPLICATION FOR 6 JASON DEAN POOL ) REINSTATEMENT OF 7 ) REVOKED LICENSE 8 9 0n March 3, 2009, the Teacher Standards and Practices Commission (Commission) issued a 10 Notice of Opportunity for Hearing to Jason Dean Pool (Pool) in which the Commission denied 11 reinstatement of his teaching license. The Notice was sent via U.S. First Class Mail and U.S. Certified 12 Mail Receipt 7006 2760 0000 1638 5780 to the address on file with the Commission. The certified 13 mail receipt was signed by Pool on March 9, 2009. The Notice of Opportunity of Hearing, dated March 14 3, 2009, and signed by Victoria Chamberlain, Executive Director, stated: 15 16 "You, Jason Pool, are entitled to a hearing on the proposed action of the Commission. 17 If you want a hearing, you must file a written request for a hearing with the Commission 18 within 21 clays of the date of this notice. Attached to this notice is a copy of the 19 procedures, right of representation and other rights of parties relating to the conduct of 20 a hearing as required under ORS 183.413(2)” 21 22 Mr. Pool did not request a hearing. The Commission, therefore, finds Mr. Pool to be in default 23 and enters the following findings of fact, conclusions of law and order, based on the files and 24 records of the Commission concerning this matter. 25 26 FINDINGS OF FACT 27 1. On January 15, 2004, the Commission revoked Jason Fool's right to apply for a teaching 28 license by entry of a Stipulation of Facts and Order of Revocation of Right to Apply in 29 connection with his teaching license. Mr. Pool’s license had previously expired on June 25, 30 2002. Revocation of Pool's right to apply was based on gross neglect of duty and gross 31 unfitness in connection with sexual misconduct with a student; a criminal conviction for 32 harassment in connection with sexual misconduct with a student; and failure to maintain 33 proper student-teacher relationships with female students. 34 2. Pursuant to ORS 342.175(3); a person whose privilege to apply for a license has been 35 revoked may apply to the commission for reinstatement of the license or registration after one 36 year from the date of the revocation. - 37 3. The Commission considered Pool‘s request for reinstatement of his right to apply on February 38 13, 2009. After considering the information Pool provided, along with the Commission’s 39 materials leading to revocation of his right to apply, the Commission denies Fool's request for 40 reinstatement because he failed to furnish satisfactory evidence of good moral character, 41 mental and physical health, trustworthiness, and general fitness to hold an educator license. 42 The facts and circumstances considered by the Commission include the following: 43 a. Pool engaged in sexual misconduct with one student in 1998 while working at Mark 44 Twain Middle School in Silverton, Oregon. 45 b. Pool’s sexual misconduct with the student led to a conviction for harassment in Marion 46 County Circuit Court in 2003. 1 - DEFAULT ORDER OF DENIAL OF APPLICATION FOR REINSTATEMENT OF LICENSE - POOL 1 c. Pool was in a position of trust as the student's teacher when the sexual misconduct 2 occurred. 3 d. The Commission asked Pool to address the sexual misconduct, including whether 4 there were other instances of inappropriate behavior with students. Pool’s responses 5 were incomplete and inconsistent with the information contained in the Commission's 6 files that resulted in the revocation of his right to apply. Pool’s failure to honestly 7 answer the Commission's questions demonstrates that he lacks good moral character 8 and trustworthiness to hold an educator license. 9 e. The information in the Commission’s file indicates that Pool’s conduct was not isolated 10 to one student. The investigation leading to Pool’s dismissal from the school district 11 indicated multiple instances kissing or trying to kiss female students; engaging in oral 12 sex with one student; and engaging in multiple boundary violations with students, 13 including playing truth or dare in his motel room during a school function; telling 14 stories in class from his personal life of a sexuaI nature; allowing female students to l5 visit his home; exchanging emails with female students from his school and home 16 computer; discussing his dating with students or allowing students/parents to arrange 17 dates for him. 18 f. Educators must possess good moral character, and must be trustworthy to have 19 unsupervised contact with children of any age. Pool’s prior sexual misconduct, 20 incomplete and inconsistent responses to the Commission's questions, and the 21 conduct contained in the Commission's file, independently or together, demonstrates 22 that Pool does not possess good moral character or trustworthiness t0 hold an 23 educator's license. 24 25 lll. CONCLUSIONS 0F LAW 26 27 The information submitted by Mr. Pool in support of his license renewal failed to establish his 28 fitness to serve as an educator as required by ORS 342.143(2) and OAR 584-050-0018(3). 29 30 IV. REASONING 31 32 Mr. Pool requests reinstatement of his teaching license following revocation of his license as 33 the result of an inappropriate relationship with one of his female students. The Commission has 34 reviewed the information, and finds that Mr. Pool has failed to meet the requirements to establish 35 fitness, and has specifically failed to establish one of the conditions set by the Commission. 36 37 /// 38 39 40 41 42 43 44 45 46 \ 47 48 49 2 - DEFAULT ORDER OF DENIAL OF APPLICATION FOR REINSTATEMENT OF LICENSE - POOL 1 2 V. ORDER 3 4 The application for reinstatement of the revoked teaching license of Jason Dean Pool is 5 DENIED. 6 1 DATED this 2 day of M, 2009. 8 9 EACHER ANDARDS AND PRACTICES COMMISSION 10 B : II Victoria Chamberlain, Executive Director 12 13 NOTICE OF APPEAL OR RIGHTS I4 15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 16 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 17 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 18 OREGON COURT OF APPEALS. 3 - DEFAULT ORDER OF DENIAL OF APPLICATION FOR REINSTATEMENT OF LICENSE - POOL 1 CERTIFICATE OF MAILING 2 3 4 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 5 as such by U.S. First Class Mail and U.S. Certified MaiI—Return Receipt Requested, addressed 6 to: 7 8 Jason Dean Pool 9 506 s. 3"1 sr. 10 Silverton OR 97381 11 12 1845* 13 Dated this / day of May, 2009. 14 15 , . 16 W 17 By: 18 Mel y Hans ecutive Assistant PAGE 1 - CERTIFICATE OF MAILING — JASON DEAN POOL