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 Educator License of ) REVOCATION OF 6 LOGAN JACK STORM ) OF RIGHT TO APPLY 7 ‘ 8 On June 28, 2013, the Teacher Standards and Practices Commission 5 9 (Commission) issued a Notice of Opportunity for Hearing to Logan Jack Storm (Storm) i‘ 10 in which the Commission charged him with Gross Neglect of Duty pursuant t0 ORS 11 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5); and 12 Gross Unfitness pursuant to ORS 342.175(1)(c); OAR 584-020-004o(5)(d), because 13 ORS 163.684- Encouraging Child Sex Abuse in the First Degree (OAR 584-020- 14 0040(1)(bb) is a crime listed in OAR 584-020-004o(1), and OAR 584—020-004o(5)(e). 15 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 16 0001 1282 3695 to the address on file with the Commission. The Notice designated the 17 Commission file as the record for purposes of proving a prima facie case. The Notice of l8 Opportunity of Hearing, dated June 28, 2013, and signed by Victoria Chamberlain, 19 Executive Director, stated: 2O “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 21 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 22 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 23 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 24 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 25 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 26 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 27 28 Storm did not request a hearing. The Commission, therefore, finds Storm to be in 29 default and enters the following findings of fact, conclusions of law, and final order, 3O based 0n the files and records of the Commission concerning this matter. 31 FINDINGS OF FACT 32 1. Storm been licensed as a teacher in Oregon since September 8, 2005. Storm’s Initial 33 I Teaching License, with endorsements in Advanced Mathematics (HS, ML) and 34 Multiple Subjects (MIDLVL), was issued on February 5, 2009, and expired on 35 February 4, 2012. Storm has not submitted application for renewal. Storm’s TSPC 36 application in 2009 indicated he had been working for the Beaverton School District. PAGE 1-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - STORM, LOGAN JACK a l 2. On January 29, 2013, Storm was convicted of one Federal count of possession of child 2 pornography. This Federal charge and conviction is equivalent to Oregon Revised Statute 3 (ORS 163.684), Encouraging Child Sex Abuse in the First Degree, a class B Felony. 4 Encouraging Child Sex Abuse in the First Degree is listed in the mandatory crime list v 5 requiring revocation of one’s teaching license. Pursuant to OAR 584-020-004o(1) the 6 Commission will revoke the license of any educator who has been convicted of any of the 7 crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if 8 convicted in another jurisdiction. 9 3. Storm’s conviction arose from allegations that included Storm having possession of i 10 multiple digital photographs depicting children engaged in sexually explicit conduct. ‘ 11 Storm’s girlfriend discovered over 40 such photographs on Storm’s computer and other 12 digital media and contacted law enforcement. During this time frame, Storm was employed 13 by the Beaver'ton School District. On two separate occasions Storm attempted to avoid 14 prosecution by fleeing outside the United States. Storm continues to face Oregon State 15 criminal charges 0f two counts of first degree sex abuse dating back to 2007. 16 CONCLUSIONS OF LAW l7 Storm’s conviction for Possession of Child Pornography/ Encouraging Child Sex 18 Abuse in the First Degree as described in section two (2) above constitutes gross neglect l9 of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates 20 OAR 584-020-0010(5) (Use professional judgment) ; OAR 584-020-0040(1)(bb) (ORS . 21 163.684 — Encouraging Child SexAbuse in the First Degree); and OAR 584-020- 22 0040(3)(a) (Has been convicted of a crime not listed in section (1 ) 0f this rule, if the 23 Commission finds that the nature of the act or acts constituting the crime for which the 24 educator was convicted render the educator unfit to hold a license). This conduct also 25 constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-02o-oo4o(5)(d) 26 (Commission of an act listed in OAR 584-020-0040(1)), and OAR 584-o2o-oo4o(5)(e) 27 (Admission of or engaging in acts constituting criminal conduct, even in the absence of 28 a conviction). 29 Pursuant to ORS 342.175(3) and OAR 584-020-oo4o(1) the Teacher Standards 30 and Practices Commission must revoke your license and/0r your right to apply for a 31 license based on your conviction of any of the crimes listed in ORS 342.143(3)(a). PAGE 2-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - STORM, LOGAN JACK ‘ 1 Storm’s conduct underlying his indictments and conviction as described in 2 section three (3) above, constitutes gross neglect of duty in violation of ORS 3 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584—020-0010(5) (Use 4 professional judgment) ; OAR 584-020-0040(4)(k) (knowing violation of any rule or 5 order of the Commission); OAR 584-020-0040(4)(f) (Any sexual conduct with a 6 student), and OAR 584-020-oo4o(4)(0) as it incorporates OAR 584-020- 7 0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law, 8 exemplififing personal integrity and honesty). The Commission relies on the definitions 9 of sexual conduct in ORS 339.370(9) and OAR 584-020-0005(5). lO l 1 The Commission's authority t0 impose discipline in this matter is based upon ORS 12 342.175. l3 14 FINAL ORDER 15 The Commission hereby revokes Logan Jack Storm’s right to apply for a teaching 16 license. 17 IT rs so ORDERED THIS £2 "6/ day of October, 2013. l8 TEACHER STANDARDS AND PRACTICES COMMISSION 19 20 21 By: 22 Victoria Chamberlain, Executive Director 23 24 NOTICE OF APPEAL OR RIGHTS 25 26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 27 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 28 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 29 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION, RIGHT To APPLY - STORM, LOGAN JACK _—__—_——_.—_—— CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by rne as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed t0: Logan Burgess Jack Storm #748929 c/ 0 Multnomah County Sheriff s Office 1120 SW 3rd Portland, OR 97204 Dated this 32 h ”-/ day of October, 2013. By: M Patg Liddell PAGE 1- CERTIFICATE OF MAILING- STORM, LOGAN JACK