BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
' OF THE STATE OF OREGON
In the Matter of the )
Teaching License of ) FINAL ORDER
)
LUCAS C. HILL ) Case No. 901019
On June 22, 2009, Administrative Law Judge (ALJ) John Mann issued a Ruling on
Motion for Summary Determination and Proposed Order in this case.
The Teacher Standards and Practices Commission adopts in its entirety the Findings of
Fact, Conclusions of Law and Order contained in the attached Ruling on Motion for Summary
Determination and Proposed Order.
M
The Commission adopts the Ruling on Motion for Summary Determination and Proposed
‘ Order revoking Mr. Hill’s teaching license and revoking his right to apply for a license.
12%
Dated this . day of August 2009.
TEACHER STANDARD AND PRACTICES COMMISSION
1
B M/
Victoria C , Executive Director
NOTICE: You are entitled to judicial review of this Final Order pursuant to the provisions of
ORS 183.480. Judicial review may be obtained by ﬁling a petition in the Oregon Court of
Appeals. The petition must be ﬁled within 60 days from the date of service of this Final
Order.
.AGE 1 - FINAL ORDER 1 Lucas c. Hill

RECEIVED
' BEFORE THE OFFICE 0F ADMINISTRATIVE HEARINGS JUN 2 3 2009
T
STA E gfngGON Teacher Standards 8.
Practices Commisslon
TEACHER STANDARDS AND PRACTICES COMMISSION
IN THE MATTER OF: )RULING ON MOTION FOR
) SUMMARY DETERMINATION
LUCAS C. HILL ) AND PROPOSED ORDER
)
)OAH Case No.1 901019
)
HISTORY OF THE CASE
On March 26, 2009, the Teacher Standards and Practices Commission (TSPC) issued a
Notice of Opportunity for Hearing to Lucas C. Hill. On March 30, 2009, Ralph Wiser, attorney
at law, ﬁled a request for hearing on Mr. Hill’s behalf.
On April 14, 2009, TSPC referred the hearing request to the Ofﬁce of Administrative
Hearings (OAH). Senior Administrative Law Judge (ALJ) John Mann was assigned to preside at
hearing.
. On May 18, 2009, Raul Ramirez, Assistant Attorney General, ﬁled a Motion for
Summary Determination on behalf of TSPC. Mr. Hill did not respond to the motion.
A prehearing conference was convened by telephone on June l9, 2009. Mr. Ramirez
participated in the conference. Mr. Hill did not appear for the conference personally, or through
counsel. At the prehearing conference, ALJ Mann advised Mr. Ramirez that he would grant the
Motion for Summary Determination.
ISSUES
1. Whether TSPC is entitled to a favorable ruling as matter of law pursuant to OAR 137-
003-0580.
2. Whether TSPC is required to revoke Mr. Hill’s teaching license, and t0 revoke his
right to apply for a teaching license, pursuant to ORS 342.175(2), based upon Mr. Hill’s
conviction for Endangering the Welfare of a Child.
EVIDENTIARY RULING
TSPC submitted a Motion for Summary Determination along with Exhibits l and 2. The
Motion and the Exhibits are admitted into the record.
In the Matter of Lucas C. Hill, OAH Case No. 901019
Page l of 5

FINDINGS 0F FACT '

1. Lucas Hill has been licensed as a teacher by the State of Oregon since December 3,
2005. (Ex. 2.)

2. On July 24, 2008, Mr. Hill pled guilty to, and was convicted of, Endangering the
Welfare of a Minor in violation of 163.575.

3. On March 26, 2009, TSPC issued a Notice of Opportunity for Hearing to Mr. Hill,
pursuant to ORS 342.176.

CONCLUSIONS OF LAW

1. TSPC is entitled to a favorable ruling as matter of law pursuant to OAR 137-003-
0580.

2. TSPC is required to revoke Mr. Hill’s teaching license, and to revoke his right to
apply for a teaching license, pursuant to ORS 342.175(2), based upon Mr. Hill’s conviction for
Endangering the Welfare of a Child.

OPINION

OAR 137-003-0580 sets forth the legal standard that applies to such a motion. The rule
provides, in relevant part: .

(1) Not less than 28 calendar days before the date set for hearing, the agency or a

party may ﬁle a motion requesting a ruling in favor of the agency or party on any

or all legal issues (including claims and defenses) in the contested case. The

motion, accompanied by any afﬁdavits or other supporting documents, shall be

served on the agency and parties in the manner required by OAR 137-003-0520.

(2) Within 14 calendar days after service of the motion, the agency or a party may

ﬁle a response to the motion. The response may be accompanied by afﬁdavits or

other supporting documents and shall be served on the agency and parties in the

manner required by OAR 137-003-0520.

* * * * *
(6) The administrative law judge shall grant the motion for a summary
determination if:
(a) The pleadings, afﬁdavits, supporting documents (including any
‘ interrogatories and admissions) and the record in the contested case
show that there is no genuine issue as to any material fact that is relevant
to resolution of the legal issue as to which a decision is sought; and
In the Matter ofLucas C. Hill, OAH Case No. 901019
Page 2 of 5

—————_———i
(b) The agency or party ﬁling the motion is entitled to a favorable ruling
' as a matter of law.
(7) The administrative law judge shall consider all evidence in a manner most
favorable to the non-moving party or non-moving agency.
* * >1‘ * *

(10) When a motion for summary determination is made and supported as

provided in this rule, a non-moving party or non-moving agency may not rest

upon the mere allegations or denials contained in that party's or agency's pleading.

When a motion for summary determination is made and supported as provided in

this rule, the administrative law judge or the agency must explain the

requirements for ﬁling a response to any unrepresented party or parties.

On May 14, 2009, TSPC ﬁled a Motion for Summary Determination. Mr. Hill is
represented by counsel and did not ﬁle a response. TSPC’s Motion and attached exhibits
demonstrate that TSPC is entitled to a favorable ruling as a matter of law.

Mr. Hill has been licensed as a teacher since December 2005. On July 24, 2008, Mr. Hill
was convicted of Endangering the Welfare of a Minor in violation of ORS 163.575.

ORS 342.175(2) provides:

' (2) Notwithstanding ORS 670.280, the commission shall revoke any license or
registration and shall revoke the right of any person to apply for a license or

registration if the person has held a license or registration at any time within ﬁve

years prior to issuance of the notice of charges under ORS 342.176 when the

holder or person has been convicted of any crime described in ORS 342.143(3).

ORS 342.143(3) provides, in relevant part:

Without limiting the powers of the Teacher Standards and Practices Commission

under subsection (2) of this section and notwithstanding ORS 670.280:

(a) No teaching, personnel service or administrative license or registration as a

public charter school teacher or administrator shall be issued to any person who:

(A) Has been convicted of a crime listed in * * * 163.575 * * *[.]

The statutes are clear. Where a licensed teacher is convicted of violating ORS 163.575,

TSPC is required to revoke the license and to revoke the person’s right to apply for a license if

the person has held a license or registration at any time within ﬁve years prior to the issuance of

a notice of charges under ORS 342.176. TSPC issued a Notice of Opportunity for Hearing to

Mr. Hill, pursuant to ORS 342.176, on March 26, 2009. Mr. Hill was convicted on July 24,
. 2009, within ﬁve years prior to the Notice.

In the Matter ofLucas C. Hill, OAH Case No. 901019

Page 3 of 5

Therefore, pursuant to ORS 342.175(2), TSPC is required to revoke Mr. Hill’s license '
and to revoke his right to apply for a license.
RULING AND PROPOSED ORDER
The Teacher Standards and Practices Commission is entitled to a favorable ruling as a
matter of law. I propose the Teacher Standards and Practices Commission issue the following
order:
Lucas C. Hill’s teaching license shall be revoked.
Lucas C. Hill’s right to apply for a license shall be revoked.
John Mann
Senior Administrative Law Judge
Ofﬁce of Administrative Hearings
ISSUANCE AND MAILING DATE: June 22, 2009
EXCEPTIONS
The proposed order is the Administrative Law Judge's recommendation to the Teacher '
Standards and Practices Commission. If you disagree with any part of this proposed order, you
may ﬁle written objections, called "exceptions," to the proposed order and present written
argument in support of your exceptions. Written argument and exceptions must be ﬁled within
fourteen (14) days after mailing of the proposed order with the:
Teacher Standards and Practices Commission
465 Commercial Street, NE
Salem, Oregon 97301
The Commission need not allow oral argument. The Executive Director may permit oral
argument in those cases in which the Director believes oral argument may be appropriate or
helpful to the Commissioners in making a ﬁnal determination. If oral argument is allowed, the
Commission will inform you of the time and place for presenting oral argument.
In the Matter of Lucas C. Hill, OAH Case N0. 901019
Page 4 of 5

CERTIFICATE OF MAILING
On June 22, 2009, I mailed the foregoing Ruling on Motion for Summary Determination and
Proposed Order in OAH Case No. 901019.
By: First Class and Certiﬁed Mail
Certiﬁed Mail Receipt #7008 1830 0003 4612 0524
Ralph Wiser
Attorney at Law
1 Centerpointe Dr Ste 570
Lake Oswego OR 97035
By: First Class Mail
Melody Hanson
Teacher Standards & Practices Commission
465 Commercial Street NE
. Salem OR 97301

Raul Ramirez
Assistant Attorney General
Department of Justice

1162 Court St NE
Salem OR 97301-4096

Lucy Garcia

Administrative Specialist

Hearing Coordinator

1n the Matter 0f Lucas C. Hill, OAH Case No. 901019

Page 5 of 5

I
I 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION I
2 OF THE STATE OF OREGON
I 3 In the Matter of the Educator License of: ) ORDER OF LICENSE REINSTATEMENT '
I 4 LUCAS CLAYTON HILL )
. I 2
I 7 This matter came before the Commission on April 26, 2013 to consider Lucas Hill's I
i 8 request to reinstate his Initial | Teaching license that was revoked on August 10, 2009, and
I 9 reinstate Hill's right to apply for any other license he may be qualiﬁed and eligible to apply for. 1
I 10 Lucas Hill is eligible for reinstatement under the Commission's rules.
I 11 Whereas Lucas Hill has complied with all conditions for reinstatement required by the
I 12 Commission:
I 13 Now therefore, the Commission orders that Lucas Clayton Hill's Initial l Teaching license I
I 14 and his right to apply for a license is reinstated effective April 26, 2013. I
I 15 Issued and dated this Q1017‘ day of April 2013.
I 16 TEACHER STANDARDS AND PRACTICES COMMISSION
I 17 STATE OF OREGON / : I
. 12 MM‘ M - ,1 .
20 ictoria C - yecutive Director ' I
.1 I
I
I
I
I
I
Page 1 — RE-INSTATEMENT ORDER — HILL, LUCAS CLAYTON .
Lucas Claytoh'l'lill 'iﬁ"*Wreaengiﬁlé'ﬁipmcrieéﬁﬁrﬂigsﬁ 'W'z'ou 9:643?"
Account # 105098 Image Reproduction of Discipline Order (Page 1 of 1) Received: Apr 30, 2013