l ‘ l 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 AND REVOCATION 6 GREGG MARTIN JENSEN ) OF RIGHT TO APPLY 7 8 On January 23, 2015, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice 0f Opportunity for Hearing to Gregg Martin Jensen 10 (Jensen) in which the Commission charged him with Gross Neglect of Duty and Gross 11 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 12 7014 0150 0000 6070 0489 to the address on file with the Commission. The Notice 13 designated the Commission file as the record for purposes of proving a prima facie case. 14 The Certified Mail was returned signed to the Commission on January 26, 2015, and the 15 regular mail was not returned to the Commission. The Notice of Opportunity of 16 Hearing, dated January 23, 2015, and signed by Victoria Chamberlain, Executive 17 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 Jensen did not request a hearing. The Commission, therefore, finds Jensen to be in 27 default and enters the following findings of fact, conclusions 0f law, and final order, 28 based 0n the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Gregg Martin Jensen has been licensed by the Commission since October 26, 1998. 31 Jensen’s Standard Teaching License with an endorsement in Basic Social Studies 32 (020), is valid from October 13, 2012, through October 12, 2017. During all relevant 33 times Jensen was employed as a teacher at Liberty High School in the Hillsboro 34 School District. 35 2. On or about May 12, 2014, Jensen was indicted on 9 counts of Sexual Abuse in the 36 Second Degree, 4 counts of Sexual Abuse in the Third Degree, 3 counts of Using a 37 Child in Display of Sexually Explicit Conduct, 1 count 0f Encouraging Child Sex PAGE 1~DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY - GREGG MARTIN JENSEN 1 Abuse, and 2 counts of Luring a Minor. On August 7, 2014, Jensen plead guilty to 2 and was subsequently convicted in the Washington County Circuit Court of 1 count 3 of Sex Abuse in the Second Degree, ORS 163.425, a class C felony, 1 count of Luring a 4 Minor, ORS 167.057, a class C felony, and 1 count of Using a Child in Display of 5 Sexually Explicit Conduct, ORS 163.670. Jensen was sentenced to 76 months of 6 incarceration in State Prison, required to undergo sex offender evaluation and 7 treatment, and Jensen must register as a sex offender. 8 3. J ensen’s convictions arose from allegations that included Jensen had engaged in 9 sexual relations with a minor aged, female student. J ensen’s actions included ‘ 10 performing oral sex, digital penetration, and anal sex; Jensen communicated 1 l inappropriately with the student via text messages and digital message services; 12 transported the student in his personal vehicle; exchanged inappropriate 13 photographs via digital messaging; and provided inappropriate gifts to the student. 14 CONCLUSIONS OF LAW 15 Jensen’s convictions constitute gross neglect of duty in violation of ORS 16 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use l7 professional judgment) ; OAR 584-020-0040(1)(n) (ORS 163.425 — Sexual Abuse in the l8 Second Degree); OAR 584-020-0040(1)(pp) (ORS 167.057 — Luring a Minor); and OAR 19 584-020-oo4o(1)(y) (ORS 163.670 — Using Child in Display of Sexually Explicit 20 Conduct). This conduct also constitutes gross unfitness in violation of ORS 21 342.175(1)(c); OAR 584-o2o-oo4o(5)(c) (Conviction of violating any federal, state, or 22 local law. A conviction includes any final judgment 0f conviction by a court whether as 23 the result of guilty plea, no contest plea or any other means); OAR 584-020- 24 0040(5)(d) (Commission of an act listed in OAR 584-020-0040(1); and OAR 584-020- 25 0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in 26 the absence of a conviction). 27 Pursuant to ORS 342.175(3) and OAR 584-020-004o(1) the Teacher Standards 28 and Practices Commission must revoke your license and your right to apply for a license 29 based on your conviction of any 0f the crimes listed in ORS 342.143(3)(a), or the 30 substantial equivalent of any of those crimes. 31 Furthermore, the conduct underlying J ensen’s convictions constitutes gross JPétbclssEEzNanEFAuLT ORDER OF REVOCATION AND REVOCATION 0F RIGHT TO APPLY - GREGG MARTIN 1 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 2 incorporates OAR 584-020-001o(5) (Use professional judgment) ; OAR 584-020- 3 0040(4)(k)( Violation of any rule or order 0f the Commission); OAR 584-020- 4 0040(4)(f) (Any sexual conduct with a student) as defined by OAR 584-020-0005(5); 5 OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(1)(c)(A) (Not 6 demonstrating 0r expressing professionally inappropriate interest in a student's 7 personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging 8 romantic or overly personal gifts or notes with a student), OAR 584-020- ‘ 9 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 1 10 conversations at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the ll profession by respecting and obeying the law, exemplifying personal integrity and 12 honesty). Additionally, your conviction and conduct related t0 your conviction 13 constitute “gross unfitness” in violation of ORS 342.175(1)(c); OAR 584-020-0040(3)(a) 14 and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct which 15 renders an educator unqualified to perform his or her professional responsibilities"). 16 17 The Commission’s authority to impose discipline in this matter is based upon ORS 18 342.175. l9 FINAL ORDER 20 The Commission hereby revokes Gregg Martin J ensen’s right to apply for 21 licensure. 44/; 22 IT IS so ORDERED THIS _|_lli_ day of March, 2015. 23 TEACHER STANDARDS AND PRACTICES COMMISSION 24 25 WW 26 By: 27 Victoria Chamberlain, Executive Director 53 3O igfigEiDEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - GREGG MARTIN 1 NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 4 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 5 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF l 6 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT To APPLY - GREGG MARTIN JENSEN 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 MaiI—Return Receipt Requested, addressed to: Gregg Martin Jensen #20643746 c/o Eastern Oregon Correctional Inst. 2500 Wesfgate . Pendleton, OR 97801 - ts Dated this {(4 day of March, 2015. By: \ all f' t I at I ell In 'gative Assistant PAGE 1- CERTIFICATE OF MAILING- GREGG MARTIN JENSEN