l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
43¢ In the Matter of the ) DEFAULT ORDER OF
5 Teaching License of ) REVOCATION OF LICENSE
2 LUIS ALBERTO GUEVARA )
8 On March 19, 2012, the Teacher Standards and Practices Commission (Commission) I
9 issued a Notice of Opportunity for Hearing to Luis Alberto Guevara (Guevara) in which the
10 Commission charged him with Gross Neglect of Duty pursuant to ORS 342.175(1)(b); OAR 584-
li o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5); OAR 584-020-oo4o(4)(o) as it
12 incorporates OAR 584-020-0035(1)(b), OAR 584-020-0035(1)(c)(A), OAR 584-020-
13 0035(1)(c)(B), OAR 584-020-0035(1)(c)(C), OAR 584-020-0035(1)(c)(D); and OAR 584-020-
14 0040(4)(t); and Gross Unfitness in violation of ORS 342.175(1)(c); OAR 584-020-oo4o(5)(e).
15 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7009 1410 0002
l6 1925 3419 to the address on file with the Commission, The Notice 0f Opportunity of Hearing,
l7 dated March 19, 2012, and signed by Victoria Chamberlain, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
l9 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
20 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL.
21 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING,
22 THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE
23 THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
2451 Guevara did not request a hearing. The Commission, therefore, finds Guevara to be in
26 default and enters the following findings of fact, conclusions of law and order, based on the files
27 and records of the Commission concerning this matter.
28 FINDINGS OF FACT
29 1. Guevara has been licensed as a teacher in Oregon since February 21, 2006. Guevara’s
30 current Initial I Teaching License, with endorsements in Language Arts (HS, ML),
31 Middle School Social Studies (ML) and Multiple Subjects (MIDLVL) was issued on
32 August 17, 2010, and expires on August 25, 2013. During all relevant times, Guevara
33 was employed by the Woodburn School District.
34 2. On March 17, 2011, Guevara was arrested on charges of Official Misconduct (two counts), Sex
35 Abuse in the 2nd Degree, Luring a Minor, and Attempted Sex Abuse in the 2nd degree. On
36 September 21, 2011, Guevara was scheduled for a plea hearing in the Marion County Circuit
37 Court. Guevara failed to appear as ordered and a warrant for his arrest was issued. As of the
PAGE 1-DEFAULT ORDER OF REVOCATION, RIGHT T0 APPLY - GUEVARA, LUIS ALBERTO

1 date 0f this order, a felony warrant for Guevara’s arrest remains in effect. The conduct that i
2 gave rise to these charges and subsequent arrest warrant was Guevara’s inappropriate
3 relationship with two female students. Specifically, Guevara kissed one of the female
4 students on multiple occasions and exchanged messages with female students by text
5 message that contained sexual content. Guevara also drove female students in his personal
6 vehicle, alone and unsupervised, where on certain occasions Guevara engaged in kissing with
7 at least one female student. Guevara repeatedly called one student “Kuuipo” which means
8 “Sweetheart” in Hawaiian and would often tell and text this student “Mahalkita” which
9 means “I love you” in Hawaiian. Guevara repeatedly propositioned these students asking
10 them out on dates for dinner, lunch or other meetings. Guevara sent these students
11 inappropriate text messages after school hours and as late as two o’clock in the morning.
l2 CONCLUSIONS OF LAW
l3 Guevara’s conduct described in section two (2) above constitutes gross neglect of duty in
14 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-
15 020-001o(5) (Use professional judgment); OAR 584-020-oo4o(4)(o) as it incorporates
16 OAR 584-020-0035(1)(b) (Refrain from exploiting professional relationships with any
17 student for personal gain, or in support of persons or issues), OAR 584-020-
18 0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate interest
19 in a student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or
20 exchanging romantic or overly personal gifts or notes with a student), OAR 584-020-
21 0035(1)(c)(C) (Reporting to the educator's supervisor if the educator has reason to
22 believe a student is or may be becoming romantically attached t0 the educator), OAR
23 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in
24 conduct and conversations at all times); and OAR 584-020-0040(4)(f) (Any sexual
25 conduct with a student). Guevara’s arrest and warrant for the previously listed criminal
26 charges, including statements made by Guevara to police detectives during the
27 investigation also constitutes gross unfitness in violation of ORS 342.175 (1)(c); OAR
28 584-o2o-oo4o(5)(e) (Admission of or engaging in acts constituting criminal conduct,
29 even in the absence of a conviction).
30 The Commission’s authority to impose discipline in this matter is based upon ORS
3 l 342.175.
PAGE 2-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GUEVARA, LUIS ALBERTO

l FINAL ORDER
2 The Commission hereby revokes Luis Alberto Guevara’s teaching license.
#771
3 IT IS SO ORDERED THIS [L day of May, 2012.
4 TEACHER STANDARDS AND PRACTICES COMMISSION
4"! 2”" ” "\ » ‘ ,/ 1? ,

6 , > ' 1 , , .

7 By: L 454/42 if /g' 412 527"’A7'Fi/6YZ/ Z/

8 Victoria Chamberlai' , xecutive Director

9
10 NOTICE OF APPEAL OR RIGHTS
1 1
I2 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
I3 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
I4 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE
15 OREGON COURT OF APPEALS.

PAGE 3-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY — GUEVARA, LUIS ALBERTO

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:
Luis Alberto Guevara
573 Prairie St
Woodburn, OR 97071
Dated this [l A day of May, 2012.
By: ' f
P Liddell
PAGE 1- CERTIFICATE OF MAILING- GUEVARA, LUIS ALBERTO