1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 . 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF 6 CHALMERS VINSON LOVING ) RIGHT TO APPLY 7 8 On September 14, 2010, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Chalmers Vinson Loving (Loving) in 10 which the Commission charged him with Gross Neglect of Duty pursuant to OAR 584~020- 11 0010(5), and OAR 584-020-0040(4)(g). The Notice was sent via U.S. First Class Mail and U.S. 12 Certified Mail Receipt 7010 0290 0001 6831 4398 to the address on file with the Commission. 13 The Certified mail was returned unclaimed. The regular mail was not returned and assumed 14 received by Loving. The Notice of Opportunity of Hearing, dated September 14, 2010, and 15 signed by Victoria Chamberlain, Executive Director, stated: 16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 17 YOUR RIGHT T0 A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE 19 CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR 20 AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH 21 MAY INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR 22 OTHER DISCIPLINE." 23 24 Loving did not request a hearing. The Commission, therefore, finds Loving to be in default and 25 enters the following findings of fact, conclusions of law and order, based on the files and records 26 of the Commission concerning this matter. 27 28 FINDINGS OF FACT 29 1. Loving has been licensed as a teacher in Oregon since June 28, 1990. L0ving’s current 30 Substitute Teaching License issued on January 18, 2007, expired on October 30, 2010. 31 During all relevant times Loving substitute taught with the Bethel School District. 32 2. On May 30 2008, when Loving reported to Willamette High School, two students and one 33 teacher observed that Loving smelled of alcohol. This was reported to the building principal 34 who observed that Loving was disheveled in appearance and smelled of alcohol. Loving 35 reported consuming alcohol until about 1:00 that morning. When asked to take a breathalyzer 36 test, Loving refused and was asked to leave the premises. PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — CHALMERS VINSON LOVING I l l l 1 3. Loving previously had several criminal convictions related to alcohol use: 2 a. 01/14/1994, DUII conviction, District Court of Eugene 3 b. 9/28/1996, DUII conviction, Reedsport Municipal Court 4 c. 2/11/1997, Open Container conviction, Lincoln County District Court ' 5 d. 01/03/2001, DUII conviction, Florence Municipal Court 6 4. On March 24, 2010, Loving met with a Commission investigator. During this meeting Loving 7 stated that he was an alcoholic and could not guarantee his future sobriety. 8 CONCLUSIONS 0F LAW 9 Chalmers Vinson Loving‘s conduct as described above, constitutes gross neglect of duty in 10 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 11 professional judgment); and OAR 584-020-0040(4)(g) (Appearing on duty or at any district-sponsored 12 activity while under the influence of alcohol or any controlled substance). 13 The Commission's authority to impose discipline in this matter is based upon ORS 14 342.175. 15 FINAL ORDER 16 The Commission hereby revokes Chalmers Vinson Loving‘s right to apply for an 17 educator license. . 18 IT IS SO ORDERED THIS fiday of November, 2010. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 / . 21 22 By: ( é % MM) 23 ictoria Ch , Executive Director 24 . 25 . 26 27 28 NOTICE OF APPEAL OR RIGHTS 29 30 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 31 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 32 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 33 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 34 35 /// 36 /// 37 /// PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — CHALMERS VINSON LOVING 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: Chalmers Vinson Loving 2465 Roosevelt Blvd. A. Eugene,OR 97402 +~/ Dated this g0 day of June, 2011. , 7 ‘ By: W Melod Hans Execu ive Assi t PAGE 1— CERTIFICATE OF MAILING—CHALMERS VINSON LOVING