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 ) LICENSE REVOCATION 6 RUFUS D. KING ) 7 8 On March 23, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Rufus D. King (King) in which the Commission 10 charged her with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n), OAR 584-020- 11 0010(5), OAR 584-020-004o(4)(o), OAR 584-020-0035(1)(c)(A), OAR 584-020-0035(1)(c)(B), 12 OAR 584-020-0035(1)(c)(D), OAR 584-020-0035(1)(c)(D), OAR 584-020-004o(4)(t). The 13 Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 14 4077 to the address on file with the Commission. The Certified Mail was signed for on March 15 30, 2011. The regular mail was not returned t0 the Commission. The Notice of Opportunity of 16 Hearing, dated March 23, 2011, and signed by Victoria Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION 0F YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 King did not request a hearing. The Commission, therefore, finds King to be in default and 26 enters the following findings of fact, conclusions of law and order, based on the files and records 27 of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. King has been licensed by the Commission since December 29, 2004. King currently 30 holds an Initial I Teaching License authorized t0 teach Basic Mathematics (HS, ML) and 31 Multiple Subjects (MIDLVL, ELE), issued July 18, 2009, and valid through July 17, 2011. 32 During all relevant times King was employed by the Myrtle Point School District. 33 2. On April 23, 2010, the Coos County Sheriffs Office began an investigation into 34 allegations 0f sexual conduct between King and female high school students. 35 3. King sent text messages containing sexual content to female students, a practice known 36 as “sexting”. PAGE 1—DEFAULT ORDER OF LICENSE REVOCATION — KING, RUFUS D. 1 4. Following a female students’ breakup with her boyfriend, King sent her a text message 2 that read, “If you would give me a chance, I would make you wet,” or words to that 3 effect. King followed up with a voice mail message telling the female student, “If you 4 would give me a chance, it would be a great time,” or words to that effect. The female 5 student subsequently skipped King’s class on occasion t0 avoid contact with him. 6 5. King engaged in consensual sexual relations with a female student when she was 18 years 7 of age, but while still a student at Myrtle Point High School. 8 6. King did not report to his supervisor that the student with whom he engaged in a sexual 9 relationship had romantic feelings for him. 10 7. The Sheriffs investigation also uncovered photographs of King hugging a female student 11 in a manner suggesting more than a professional student teacher relationship. 12 CONCLUSIONS 0F LAW 13 Rufus D. King’s conduct as described in #3 constitutes gross neglect of duty in violation 14 of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) 15 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 16 020-001o(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR 17 584-020-0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate 18 interest in a student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting 0r giving 0r 19 exchanging romantic or overly personal gifts or notes with a student) and OAR 584-020- 20 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 21 conversations at all times). 22 King’s conduct as described in #4 above constitutes gross neglect of duty in violation of 23 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0oio(1) 24 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 25 o2o-0010(5) (Use professional judgment); OAR 584-020-0040(4)(0) as it incorporates OAR 26 584-020-0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate 27 interest in a student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or 28 exchanging romantic or overly personal gifts or notes with a student), and OAR 584-020- 29 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 3O conversations at all times). 31 King’s conduct as described in #5 above, constitutes gross neglect of duty in violation of PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION — KING, RUFUS D. 1 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) 2 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 3 020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(0) as it incorporates OAR i 4 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 5 conversations at all times); and OAR 584-020-0040(4)(f) (Any sexual conduct with a student). 6 King’s conduct as described in #6 above constitutes gross neglect of duty in violation of 7 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) 8 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 9 020-0010(5) (Use professional judgment); OAR 584-020-oo4o(4)(o) as it incorporates OAR 10 584-020-0035(1)(c)(C) (Reporting to the educator's supervisor if the educator has reason to 11 believe a student is or may be becoming romantically attached to the educator). 12 King's conduct as described in #7 above constitutes gross neglect 0f duty in violation of 13 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(1) 14 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 15 020-001o(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR 16 584-020-0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate 17 interest in a student's personal life), and OAR 584-020-0035(1)(c)(D) (Honoring appropriate 18 adult boundaries with students in conduct and conversations at all times). l9 The Commission's authority to impose discipline in this matter is based upon ORS 20 342.175. 21 / / / 22 / / / 23 / / / 24 25 26 PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION — KING, RUFUS D. 1 FINAL ORDER 2 The Commission hereby revokes the licensure 0f Rufus D. King. 3 IT IS SO ORDERED THIS @fl day of May, 2011. 4 TEACHER S ‘. DARDS AND PRACTICES COMMISSION 5 ’fi / f 6 By: v 1. 4M 41/111 M 7 '1ctoria C . n 'ecutive Director 8 9 10 1 1 12 NOTICE OF APPEAL OR RIGHTS 13 14 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 15 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 16 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 17 THE OREGON COURT OF APPEALS. 18 PAGE 4—DEFAULT ORDER OF LICENSE REVOCATION — KING, RUFUS D.