1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
431 In the Matter of the Educator License 0f ) DEFAULT ORDER OF
5 STEVEN J ELMER ) SUSPENSION
g
8 On April 23, 2014, the Teacher Standards and Practices Commission (Commission) issued a
9 Notice 0f Opportunity for Hearing to Steven J Elmer (Elmer) in which the Commission charged him
10 with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail
1 l Receipt 7010 2780 0000 2187 3026 to the address on file with the Commission. The Notice
12 designated the Commission file as the record for purposes of proving a prima facie case. The i
13 Certified Mail receipt was returned, signed, t0 the Commission 0n April 28, 2014. The regular mail i
14 was not returned t0 the Commission. The Notice of Opportunity of Hearing, dated April 23, 2014,
15 and signed by Victoria Chamberlain, Executive Director, stated:
16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
17 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR
18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF
19 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE
20 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE
21 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
g; Elmer did not request a hearing. The Commission, therefore, finds Elmer t0 be in default and enters
24 the following findings 0f fact, conclusions 0f law, and final order, based 0n the files and records 0f
25 the Commission concerning this matter.
26
27 FINDINGS OF FACT
28 1. Steven J. Elmer has been licensed by the Commission since July 21, 1997. Elmer holds a
29 Standard Teaching License with an endorsement in Standard Elementary (016), which was
30 issued on September 11, 2010, and expires 0n September 10, 2015. During all relevant times,
31 Elmer was employed by the Jackson County School District.
32 2. On April 9, 2012, the Commission received a report from the Jackson County School District
33 indicating Elmer violated professional standards involving testing improprieties in the course of
34 an Oregon Assessment 0f Knowledge and Skills (OAKS) testing session. District and
35 Commission investigations determined that 0n or about March 2012, Elmer improperly assisted
36 students taking the OAKS writing test in violation of testing protocols. Specifically, Elmer
37 inappropriately coached a student by providing the student with the answer on the test; Elmer
38 inappropriately coached students during testing by reading questions aloud when students had
39 not requested it; Elmer inappropriately reviewed test materials with students to include test
PAGE 1-DEFAULT ORDER OF SUSPENSION- ELMER, STEVEN J

1 items he had observed while testing the prior day; and Elmer inappropriately discussed test
2 items with other staff. Review by the Oregon Department of Education affirmed these testing
3 improprieties and invalidated the testing and student scores.
4 3. In the course of the school district’s investigation, after being advised not to speak with staff or
5 students about the confidential investigation, Elmer phoned an involved student and attempted
6 to tamper with this witness. Elmer told this third grade student that he had been caught helping
7 the student 0n the test and to please not tell the principal or his father, 0r Elmer would be
8 “toast”. Investigation determined Elmer had successfully completed the OAKS administration
9 training given 0n February 15, 2012, and Elmer understood the testing protocol and
10 requirements.
11 CONCLUSIONS OF LAW
12 Elmer’s conduct described above, constitutes gross neglect of duty in violation of ORS
13 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(2)(Encourage
14 scholarship), OAR 584-020-0010(4)(Raise educational standards), OAR 584-020-0010(5) (Use
15 professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and
16 regulations); OAR 584-02o-oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(b) (Refrain from
17 exploiting professional relationships with any student for personal gain, or in support of persons
18 or issues), and OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by respecting and
19 obeying the law, exemplifying personal integrity and honesty).
‘ 20
l 21 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
§ 22
‘ 23 FINAL ORDER
24
25 The Commission hereby suspends Steven J E1rner’s licensure for a period 0f one (1) year, to
26 begin upon the date this order is fined and in effect.
27 IT IS so ORDERED THIS Z‘? 'day of May, 2014.
28 TEACHER STANDARDS AND PRACTICES COMMISSION
I u
m (22%“)
29 By:
2(1) Victoria Chamberlain, Executive Director
PAGE 2-DEFAULT ORDER OF SUSPENSION- ELMER, STEVEN J

1 NOTICE OF APPEAL OR RIGHTS
2
3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
5 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
6 THE OREGON COURT OF APPEALS.

PAGE 3-DEFAULT ORDER OF SUSPENSION- ELMER, STEVEN J

CERTIFICATE OF MAILING
l hereby certify that | 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:
Steven J Elmer
2497 Neville Lane
Medford, OR 97501-9537
Dated this 27 day of May, 2014.
By:
ty Li .
Investigative Assistant
I
PAGE 1- CERTIFICATE OF MAILING— ELMER, STEVEN J