l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

Z OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER OF

5 Educator License of ) REVOCATION OF RIGHT

6 DEREK SCOTT THIEM ) TO APPLY

7

8 On September 16, 2014, the Teacher Standards and Practices Commission

9 (Commission) issued a Notice of Opportunity for Hearing to Derek Scott Thiem (Thiem)

l 1 0 in which the Commission charged him with Gross Neglect of Duty. The Notice was sent
1 1 via U.S. First Class Mail and U.S. Certified Mail Receipt 7012 1010 0003 2804 4760 to
12 the address on file with the Commission. The Notice designated the Commission file as
1 3 the record for purposes of proving a prima facie case. The Certified Mail and the first
l4 class mail were not returned to the Commission. The Notice of Opportunity for Hearing,
l 5 dated September 16, 2014, and signed by Victoria Chamberlain, Executive Director,
l6 stated:
l 7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l S PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
l i) UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
Z4
25 Thiem did not request a hearing. The Commission, therefore, finds Thiem t0 be in
26 default and enters the following findings of fact, conclusions of law, and final order,
27 based on the files and records of the Commission concerning this matter.
28
29 FINDINGS OF FACT
30 1. Derek Thiem has been licensed by the Commission since September 26, 2005.
31 Thiem’s Initial I Teaching License with endorsements in English for Speakers of
32 Other Languages (ML/ HS, ECE/ELEL) and Language Arts (HS), was issued
33 February 21, 2010, and expired on February 20, 2013. During all relevant times,
34 Thiem was employed by the Canby School District.
3 5
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- DEREK SCOTT THIEM

I 2. On June 29, 2012, the Commission received a report from the Canby School District
2 indicating Thiem had violated professional standards when Thiem appeared on duty
3 while under the influence of intoxicants. Investigation determined the following:
I a. On or about June 15, 2012, Thiem arrived to work at the Baker Prairie Middle
5 School two hours late. Thiem did not have classroom students for his first period
o as Thiem used this time to check in on ELD students in other classrooms.
7 Another teacher found Thiem’s second period students in the hallway outside
8 Thiem’s locked classroom door. Several teachers interacted with Thiem when he
9 arrived and observed Thiem to appear pale, sickly, and not responding normally.
I I) During Thiem’s lunch break, Thiem traveled to a store and purchased some
I I alcohol, which Thiem drank in his vehicle while parked in the residences near the
I 2 school grounds. Thiem returned to school and fell asleep or passed out in his
I 3 vehicle in the school parking lot. When located by school administrators, Thiem
I -'I appeared intoxicated. Several hours later Thiem agreed to an intoxilyzer test that
I 5 indicated you had a BAC of 0.131%. Thiem admitted to school officials that he had
I s an alcohol problem, had relapsed, and had reported to work hung over and
I 7 perhaps still intoxicated. Thiem admitted to leaving at lunch to drink more
I 8 alcohol. Thiem was disciplined with a three day suspension without pay and
I 9 issued a last chance agreement that included a treatment program and other
2U conditions.
21 b. On January 14, 2013, Thiem was placed on another last chance agreement for
22 attendance issues. Thiem had two unexcused absences where he had failed to
23 contact the school and his absence impacted Thiem’s students.
24 c. On January 17, 2013, Thiem was arrested for DUII. Because Thiem was
25 incarcerated and unable to make a phone call, Thiem failed to report to work or
26 notify the district of his absence. This was a violation of Thiem’s last chance
27 agreement, and Thiem resigned his employment with the district. On January 26,
28 2013, Thiem was arrested for another DUII that resulted in a crash. Thiem was
2'9 charged with several counts of Assault 3, several counts of Recklessly
30 Endangering Another, one count of Reckless Driving and DUII. Thiem was
3 I convicted of the January 17, 2013, DUII and separately convicted for the January
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- DEREK scorr THIEM

I 26, 2013, DUII, two counts of Assault 3, and one count of Reckless Driving.
2 Thiem was sentenced to six months in jail, probation, treatment and fines.
T 3 ////
4 CONCLUSIONS OF LAW
5 Thiem’s conduct described in section 2(a) above constitutes gross neglect of duty
6 in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR
7 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using
8 district lawful and reasonable rules and regulations); and OAR 584-020-0040(4)(g)
9 (Appearing on duty or at any district-sponsored activity while under the influence of
I I I alcohol or any controlled substance).
I I Thiem’s conduct described in section 2(b) above constitutes gross neglect of duty
I 2 in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR
l 3 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using
I4 district lawful and reasonable rules and regulations); and OAR 584-020-0030(2)(b)
I5 (Skill in communicating with administrators, students, stafl, parents, and other
I e patrons).
I 7 Thiem’s conduct described in section 2(c) above constitutes gross neglect of duty
I 8 in violation of ORS 342.175(1)(b); OAR 584—020-oo4o(4)(n) as it incorporates OAR
I 9 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using
20 district lawful and reasonable rules and regulations); and OAR 584-020-004o(4)(o) as
2 I it incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the profession by
22 respecting and obeying the law, exemplifying personal integrity and honesty). This
21 conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-
21 o2o-oo4o(5)(c) (Conviction of violating any federal, state, or local law. A conviction
2i includes any final judgment of conviction by a court whether as the result of guilty
2t) plea, no contest plea or any other means); and OAR 584-020-0040(5)(e) (Admission of
27 or engaging in acts constituting criminal conduct, even in the absence of a conviction).
28
2*) The Commission’s authority to impose discipline in this matter is based upon ORS
3t) 342.175.
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- DEREK SCOTT THIEM

I FINAL ORDER
2 The Commission hereby revokes Derek Scott Thiem’s right to apply for licensure.
3 lT IS SO ORDERED THIS Zl A7l11ay of October, 2014.
l 4 TEACHER STANDARDS AND PRACTICES COMMISSION
5
6
7 By:
s’ Victoria Chamberlain, Executive Director
9
I I)
I I
I 2 NOTICE OF APPEAL OR RIGHTS
l 3
I4 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
I i BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
16 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
l 7 ()RS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY~ DEREK sc0TT THIEM
I

CERTIFICATE OF MAILING

I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing

d S. First Class Mail and U.S. Certified Mail—-Return Receipt Requested, addressed to:
l Derek Scott Thiem
j 9924 SW 56m Avenue
I Portland, OR 97219-5651

Dated this 3/ day of October 2014.

_ ‘r /_7
By: I I
atty, ell
Investigative Assistant
l
PAGE 1- CERTIFICATE OF MAILING— DEREK SCOTT THIEM