l l l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION AND 6 MICHAEL JOSEPH MORRELL ) REVOCATION OF RIGHT TO APPLY 7 8 On July 19, 2012, the Teacher Standards and Practices Commission (Commission) issued 9 a Notice of Opportunity for Hearing to Michael Joseph Morrell (Morrell) in which the lO Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was sent 11 via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 1490 to the 12 address on file with the Commission. The Notice designated the Commission file as the record l3 for purposes of proving a prima facie case. The Certified Mail was signed for on July 24, 2012, 14 and the return receipt was received by TSPC on July 25, 2012. The regular mail was not returned 15 to the Commission. The Notice 0f Opportunity of Hearing, dated July 19, 2012, and signed by 16 Victoria Chamberlain, Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED 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 OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 Morrell did not request a hearing. The Commission, therefore, finds Morrell to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records 0f the Commission concerning this matter. 28 29 FINDINGS OF FACT 30 1. Michael Joseph Morrell has been licensed by the Commission since April 6, 2007. Morrell’s 31 Initial II Teaching License with an endorsement in General Business (HS) was issued 32 September 9, 2010, and expires on September 8, 2013. During all relevant times, Morrell 33 was employed by the Sweet Home School District. 34 35 2. On February 22, 2012, Morrell pled guilty and was subsequently convicted of two counts of 36 Sexual Abuse in the Third Degree (ORS 163.415), a class A misdemeanor. Morrell was 37 sentenced to 30 days incarceration, 36 months of supervised probation and required to 38 register as a sex offender upon his release. This conviction arose from allegations that during 39 July and August, 2011, Morrell subjected a student, under the age of 18, to sexual contact. PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - MORRELL, MICHAEL JOSEPH l CONCLUSIONS OF LAW 2 Morrell’s convictions constitutes gross neglect of duty in violafion of ORS 342.175(1)(b); 3 OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(5) (Use professional 4 judgment); and OAR 584-020-0040(1)(m) (ORS 163.415 —Sexual Abuse in the Third Degree). 5 This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020- 6 oo40(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in the 7 absence of a conviction). Pursuant to ORS 342.175(2)(a) and OAR 584-020-004o(1) the 8 Commission will deny, revoke or deny the right to apply for a license or charter school 9 registration t0 any applicant or educator who, has been convicted of any of the crimes listed in 10 ORS 342.143. 11 Furthermore, the conduct underlying Morrell’s convictions constitutes gross neglect 0f 12 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584- 13 020-001o(5) (Use professional judgment); OAR 584-020-0040(4)(k) (knowing violation of 14 any rule or order of the Commission); OAR 584-020-0040(4)(f)(Any sexual conduct with a 15 student); OAR 584-020-004o(4)(o) as it incorporates OAR 584-020-0035(3)(a)(Maintain the l6 dignity of the profession by respecting and obeying the law, exemplifying personal integrity 17 and honesty). The conduct underlying Morrell’s convictions also constitutes gross unfitness in 18 violation of ORS 342.175(1)(c); OAR 584-02o-oo4o(3)(a) and (d) as defined by OAR 584-020- 19 0040 (5) (Gross unfitness is any conduct which renders an educator unqualified to perform his 20 or her professional responsibilities). 21 The Commission’s authority to impose discipline in this matter is based upon ORS 22 342.175. 23 FINAL ORDER 24 The Commission hereby revokes the licensure of Michael Joseph Morrell and revokes 25 Morrell’s right t0 apply for licensure. 26 _ IT 1s so ORDERED THIS 975'; day of October, 2012. 27 TEACHER STANDARDS AND PRACTICES COMMISSION 28 By: 29 Victoria Chamberlain, Executive Director 3(1) NOTICE OF APPEAL OR RIGHTS l 33 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 34 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 1 35 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO i 36 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION — MORRELL, MICHAEL JOSEPH 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 t0: Michael Joseph Morrell 2237 Ironwood St Sweet Home, OR 97386 Dated this 2 3% day of October, 2012. By: wgfl/ Cristina Edgar Investigator PAGE 1- CERTIFICATE OF MAILING- MORRELL, MICHAEL JOSEPH