l 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 AND REVOCATION 6 WISE, ERIC WILLARD ) OF RIGHT TO APPLY 7 8 On May 7, 2014, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Eric Willard Wise (Wise) in which the 10 Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice 11 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 2780 0000 2187 12 3132 to the address on file with the Commission. The Notice designated the Commission l3 file as the record for purposes of proving a prima facie case. The Certified Mail was 14 signed for, and the return receipt was received by TSPC on May 13, 2014. The regular 15 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated i 16 May 7, 2014, and signed by Victoria Chamberlain, Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 2l 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.” 24 25 Wise did not request a hearing. The Commission, therefore, finds Wise to be in default 26 and enters the following findings of fact, conclusions of law, and final order, based on 27 the files and records of the Commission concerning this matter. 28 FINDINGS OF FACI‘ 29 1. Eric Willard Wise has been licensed by the Commission since April 14, 2006. Wise’s 30 Five Year Career and Technical Teaching License, with an endorsement in 31 Marketing/ Management (024), was issued on December 12, 2009, and expires on 32 December 15, 2014. During all relevant times, Wise was employed by the Beaverton 33 School District. 34 2. On April 1, 2014, Wise pled guilty t0 and was convicted of one count of Sexual Abuse 35 in the second degree (ORS 163.425) and one count of Furnishing Liquor to a Minor 36 (ORS 471.410(2)). Wise was sentenced to sixty (60) days in jail, followed by a period 37 of probation, and required to register as a sex offender. PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- WISE, ERIc WILLARD 1 3. Wise’s convictions arose from allegations that included Wise, on or about June and 2 July of 2013, having consensual sexual contact with a former student who was 17 3 years of age at the time. The involved minor was a prior student in one of Wise’s 4 classes at Aloha High School. Wise’s sexual contact with this student included, sexual 5 intercourse, oral sex, and digital penetration. Wise also provided this student alcohol 6 on more than one occasion. 7 CONCLUSIONS OF LAW 8 Wise’s convictions constitutes gross neglect of duty in violation of ORS 9 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 10 professional judgment); and OAR 584-020-0040(1)(n) (ORS 163.425 — SexualAbuse in 1 1 the Second Degree). This conduct also constitutes gross unfitness in violation of ORS 12 342.175(1)(c); OAR 584-020-oo4o(5)(d) (Commission of an act listed in OAR 584-020- 13 0040(1)), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 14 criminal conduct, even in the absence 0f a conviction). Pursuant to ORS 342.175(2)(a) 15 and OAR 584-020-0040(1) the Commission will deny, revoke or deny the right to apply 16 for a license or charter school registration to any applicant or educator who, has been 17 convicted of any of the crimes listed in ORS 342.143. 18 Furthermore, the conduct underlying Wise’s convictions constitutes gross neglect 19 of duty in violation of ORS 342.175(1)(b); OAR 584-0203004o(4)(n) as it incorporates 20 OAR 584-020-0010(5) (Use professional judgment) ; OAR 584-020-0040(4)(k) 21 (knowing violation 0f any order or rule of the Commission); and OAR 584-020- 22 oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D)(H0noring appropriate 23 adult boundaries with students in conduct and conversations at all times), OAR 584- 24 020-0035(3)(a)(Maintain the dignity 0f the profession by respecting and obeying the 25 law, exemplifying personal integrity and honesty); and OAR 584-020-0040(4)(f) (Any 26 sexual conduct with a student). Additionally, your convictions and conduct related to 27 your convictions constitute “gross unfitness” in violation of ORS 342.175(1)(c), OAR 28 584-o2o-oo4o(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is 29 any conduct which renders an educator unqualified to perform his or her professional 30 responsibilities”). 31 PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- WISE, ERIC WILLARD 1 The Commission’s authority to impose discipline in this matter is based upon ORS 2 342.175. 3 FINAL ORDER 4 The Commission hereby revokes Eric Willard Wise’s educator license and revokes 5 his right to apply for an educator license. 6 IT IS SO ORDERED THIS [Jday of July, 2014. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 I 9 10 By: 11 Victoria Chamberlain, Executive Director 12 13 14 15 NOTICE OF APPEAL OR RIGHTS 16 l7 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 18 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE l9 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 20 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- WISE, ERIC WILLARD 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—Retum Receipt Requested, addressed to: Eric Willard Wise 3345 NW Moro Place Beaverton, OR 97006 Dated this I” day ofJuly 2014. By: Pa Iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— WISE, ERIC WILLARD