l l I BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Z OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION OF RIGHT 6 CHRISTOPHER ADAMS LOESEL ) TO APPLY 7 8 On September 15, 2014, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Christopher Adams Loesel 10 (Loesel) in which the Commission charged him with Gross Neglect of Duty and Gross l 1 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 12 7012 1010 0003 2804 4739 to the address on file with the Commission. The Notice I ‘1 designated the Commission file as the record for purposes 0f proving a prima facie case. l-l The Certified Mail was returned “Unclaimed” ,and the regular mail was not returned t0 15 the Commission. The Notice of Opportunity of Hearing, dated September 15, 2014, and 1 6 signed by Victoria Chamberlain, Executive Director, stated: I 7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l 8 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED I '9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF Zl YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 21 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 24 25 Loesel did not request a hearing. The Commission, therefore, finds Loesel t0 be in 26 default and enters the following findings 0f fact, conclusions of law, and final order, 27 based on the files and records of the Commission concerning this matter. 28 FINDINGS OF FACT 39 1. David L. Loesel has been licensed by the Commission since December 18, 2006. 3O L0esel’s Initial I Teaching License with endorsements in General Business (HS, ML) 3 l and Multiple Subjects (MIDLVL), was issued May 14, 2010, and expired on October 32 22, 2013. 33 2. On July 22, 2014, in US Federal District Court, Loesel plead guilty and was convicted 34 of one count of Distribution of Child Pornography 18 USC §§ 2252A(a)(2) and (b)(1). 35 This federal crime is the substantial equivalent to current Oregon laws ORS 163.684, 36 Encouraging Child Sex Abuse in the First Degree, and ORS 163.688, Possession of 37 materials depicting sexually explicit conduct of a child in the first degree. Loesel was PAGE 1—DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - CHRISTOPHER ADAMS LOESEL l sentenced to a total of five years in prison, followed by a period of probation, and 2 required to register as a sex offender. 3 3. Loesel’s convictions arose from allegations that included Loesel having possession of 4 child pornography material and sharing this material over a peer to peer network via 5 Loesel’s computer system. 6 CONCLUSIONS OF LAW 7 Loesel’s convictions constitutes gross neglect of duty in violation of ORS 8 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 9 professional judgment); OAR 584-020-0040(1) (The Commission will deny, revoke or 11') deny the right t0 apply for a license 0r charter school registration to any applicant or I l educator who, has been convicted of any of the crimes listed in ORS 342.143, 0r the 1 2 substantial equivalent of any of those crimes if convicted in another jurisdiction or 1 3 convicted of attempt to commit such crimes as defined in 161.405. Evaluation of l 14 substantially equivalent crimes or attempts to commit crimes will be based on Oregon 15 laws in effect at the time 0f the conviction, regardless of the jurisdiction in which the 16 conviction occurred); OAR 584-020-0040(3)(a) (The Commission may initiate I 7 proceedings to suspend or revoke the license 0r registration of an educator under ORS 1 8 342.175 or deny a license or registration t0 an applicant under 342.143 who has been 19 convicted of a crime not listed in section (1) of this rule, if the Commission finds that the Z‘) nature of the actor acts constituting the crime for which the educator was convicted 2] render the educator unfit to hold a license). This conduct also constitutes gross 22 unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of 23 violating any federal, state, or local law. A conviction includes any final judgment of 24 conviction by a court whether as the result of guilty plea, no contest plea 0r any other 25 means); and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 36 criminal conduct, even in the absence 0f a conviction). Z7 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards 28 and Practices Commission must revoke Loesel’s license and Loesel’s right to apply for a 29 license based on Loesel’s conviction of any 0f the crimes listed in ORS 342.143(3)(a), or 30 the substantial equivalent of any of those crimes. . 3 l Furthermore, the conduct underlying Loesel’s convictions constitutes gross PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT T0 APPLY - CHRISTOPHER ADAMS LOESEL I neglect of duty in violation 0f ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 2 incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584-020- 3 0040(4)(k)( Violation 0f any rule or order of the Commission); and OAR 584-020- 4 0040(4)(0) as it incorporates OAR 584-020-0035(3)(a)(Maintain the dignity of the 5 profession by respecting and obeying the law, exemplifying personal integrity and 6 honesty). Additionally, your conviction and conduct related to your conviction 7 constitute “gross unfitness” in violation of ORS 342.175(1)(c); OAR 584-020-004o(3)(a) 8 and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct which 9 renders an educator unqualified to perform his or her professional responsibilities”). I O 1 I The Commission’s authority to impose discipline in this matter is based upon ORS 12 342.175. I 3 FINAL ORDER 14 The Commission hereby revokes Christopher Adams Loesel’s right to apply for I 5 licensure. ‘ I!’ I6 IT IS so ORDERED THIS 3! day of October, 2014. I I 7 TEACHER STANDARDS AND PRACTICES COMMISSION I S I ‘J g ,i 2 i 7 . 20 By: 21 Victoria Chamberlain, Executive Director 22 I} 21 Ii NOTICE OF APPEAL OR RIGHTS 36 Z7 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY ZS BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 2*’) SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 3i) ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY - CHRISTOPHER ADAMS LOESEL CERTIFICATE OF MAILING 1 hereby certify that | served the foregoing notice of final order, certified by me as such, by mailing US. First Class Mail and US Certified Mail—Return Receipt Requested, addressed to: David L Loesel 5153 SE 17"‘ Terrace Gresham, OR 97080-2972 . . - it Dated this .3! day of October 2014. KLLZ --.-.... ' By: WM Patty ti dell investigative Assistant I PAGE 1- CERTIFICATE OF MAILING— CHRISTOPHER ADAMS LOESEL