1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 2 In the Matter of the ) DEFAULT ORDER 5 Teaching License of ) THIRTY (30) DAY 6 ) SUSPENSION OF RIGHT TO 7 KEITH RYAN CLAYTON ) APPLY FOR TEACHING LICENSE g 0n June 26, 2012, the Teacher Standards and Practices Commission (Commission) issued a IO Notice of Opportunity for Hearing to Keith Ryan Clayton (Clayton) in which the Commission charged l l him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail 12 Receipt 7010 2780 oooo 2187 2524 to the address on file with the Commission. The Notice designated l3 the Commission file as the record for purposes of proving a prima facie case. The Certified Mail was l4 signed for on June 29, 2012. The regular mail was not returned to the Commission. The Notice of 15 Opportunity of Hearing, dated June 26, 2012, and signed by Victoria Chamberlain, Executive Director, 16 stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, YOUR 18 RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR FAILURE TO 19 REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF YOU DO NOT 20 REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION 21 WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 22 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 23 24 Clayton did not request a hearing. The Commission, therefore, finds Clayton to be in default and enters 25 the following findings of fact, conclusions of law and order, based on the files and records of the 26 Commission concerning this matter. 27 FINDINGS OF FACT 28 1. Clayton has been licensed as a teacher in Oregon since August 25, 2005. His Initial I Teaching 29 License, with an endorsement in Advanced Mathematics (HS), issued July 2, 2009, expired on July 30 1, 2012. During all relevant times, Clayton was employed by the Yucaipa-Calimesa Joint Unified 3l School District in the State of California. 32 2. On December 2o, 2011, the Commission was notified by the National Association of State Directors of 33 Teacher Education and Certification (NASDTEC) clearing house that on July 8, 2011, Clayton was 34 disciplined by the California Commission on Teacher Credentialing. The information received by the 35 Commission reveals that Clayton received a public reproval for “Unprofessional Conduct.” The public 36 reproval was a result of an investigation stemming from conduct while Clayton was employed at Yucaipa- 37 Calimesa Joint Unified School District. PAGE l-DEFAULT ORDER OF THIRTY DAY SUSPENSION OF RIGHT TO APPLY FOR A TEACHING LICENSE — CLAYFON, KEITH RYAN. l 3. The Commission conducted an investigation and learned that on February 27, 2009, the Yucaipa-Calimesa 2 Joint Unified School District had issued Clayton a “Notice of Unprofessional Conduct, and 3 Recommendation for Suspension without Pay for three days.” According to school district reports Clayton, 4 “Made inappropriate comments and threatened a student, and also failed to follow proper school 5 procedures, while dealing with an incident involving a student.” On April 17, 2009, effective June 12, 6 2009, Clayton resigned his employment with the Yucaipa-Calimesa Joint Unified School District as part of 7 a settlement agreement with the school district. 8 4. On June 26, 2009, the Commission received Clayton’s C-1 application for Oregon licensure; his application 9 was signed and dated by on June 26, 2009. Clayton made false statements on this application when he 10 answered “No” to character questions: 1, “Have you ever left any educational or school-related 11 employment, voluntarily or involuntarily while the subject of an inquiry, review, or investigation of 12 alleged misconduct or alleged violation of professional standards of conduct or when you had reason to 13 believe such investigation was imminent?”; and character question 3, “Have you ever failed to complete a 14 contract for educational services in any educational or school-related position, or for any alleged 15 misconduct or alleged violation of professional standards of conduct been placed on leave by your 16 employer or lefl such employment prior to the end 0f the contract term?” l7 CONCLUSIONS OF LAW 18 Clayton's conduct described above, constitutes gross neglect of duty in violation of ORS 19 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional 20 judgment); and OAR 584-020-0040(4)(c) (Knowing falsification of any document or knowing 21 misrepresentation directly related to licensure, employment, or professional duties). 22 The Oommission’s authority to impose discipline in this matter is based upon ORS 342.175. 23 24 FINAL ORDER 25 The Commission hereby suspends Keith Ryan Clayton’s right to apply for a teaching license in 26 Oregon for a period of thirty (30) days, to begin upon the date this order is signed and in effect. 27 IT IS SO ORDERED THIS [Q ‘Mk day of October, 2012. 28 TEACHER STANDARDS AND PRACTICES COMMISSION M W 29 By: —_. 3O Victoria Chamberlain, Executive Director 31 PAGE 2-DEFAULT ORDER OF THIRTY DAY SUSPENSION OF RIGI-IT TO APPLY FOR A TEACHING LICENSE - CLAYTON, KEITH RYAN. 1 NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE OBTAINED 4 BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF THIS ORDER. 5 JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF 6 APPEALS. PAGE 3-DEFAULT ORDER 0F THIRTY DAY SUSPENSION OF RIGHT TO APPLY FOR A TEACHING LICENSE - CLAYTON, KEITH RYAN. 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 Mail-Return Receipt Requested, addressed to: Keith Ryan Clayton 62995 Fresca St Bend, OR 97701-1581 Dated this IQ I43 day of October, 2012. By: Pa Iddell Investigative Assistant PAGE r- CERTIFICATE OF MAILING- CLAYTON, KEITH.