l l l 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) PUBLIC REPRIMAND 6 TIMOTHY JAMES RASH ) g 9 On May 13, 2009, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Timothy James Rash (Rash) in which the 11 Commission charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n). 12 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7008 1140 0002 13 8580 9263 to the address on file with the Commission. The U.S. Postal Service returned the 14 certified mail receipt, signed by Mr. Rash, to the Commission on May 15, 2009. The Notice of 15 Opportunity of Hearing, dated May 13, 2009, and signed by Victoria Chamberlain, Executive 16 Director, stated: 17 “You, Timothy James Rash, are entitled to a hearing on the proposed action of the 18 Commission. If you want a hearing, you must file a written request for a hearing with the 19 Commission within 21 days of the date of this notice." 2(1) Mr. Rash did not request a hearing. The Commission, therefore, finds Mr. Rash to be in default 22 and enters the following findings of fact, conclusions of law and order, based on the files and 23 records of the Commission concerning this matter. 24 FINDINGS OF FACT 25 1. Mr. Rash was first enrolled in the Charter School Registry on September 7, 2007. His 26 current registry was issued on September 7, 2007 and is valid until September 7, 2010. 27 2. On or about January 16, 2008, while teaching in the Camas Valley School District, Mr. 28 Rash grabbed a student by the arm and led him away from an altercation with another 29 student for a distance of approximately 25 feet. After the student pulled free, Mr. Rash 30 grabbed his arm a second time. 31 3. While employed with the Camas Valley School District, Mr. Rash made inappropriate 32 comments with sexual orientation overtones to students in his class. These comments PAGE 1—DEFAULT ORDER OF REVOCATION OF CHARTER SCHOOL REGISTRATION - TIMOTHY RASH 1 included suggesting that students were gay or engaged in sexual activities, or using 2 terms such as “fag” or "queer." In making these or other comments to students, Mr. 3 Rash used profanity, including “shit;” “god-damm" “son-of-a-bitch;" or “fuck.” He also 4 made comments to students in which he judged other colleagues or school officials. 5 CONCLUSIONS OF LAW 6 Physically grabbing a student as described in paragraph 2 above constitutes gross 7 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(d) (Unreasonable 8 physical force against students, fellow employees, or visitors to the school, except as 9 permitted under ORS 339.250). 10 Making inappropriate comments as described in paragraph 3 above constitutes gross 11 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(o) as it incorporates 12 584-020-0035(c)(D) (Maintain an appropriate professional student-teacher relationship by 13 honoring appropriate adult boundaries with students in conduct and conversations at all l4 times); OAR 58¢020-0040(4)(n) as it incorporates 584-020-0010(5) (Use professional 15 judgment). 16 FINAL ORDER 17 The Commission hereby imposes a public reprimand on Timothy James Rash's Charter . 18 School Registration. 19 IT IS SO ORDERED THIS M day of August, 2009. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 Z é 2% By M 24 Victoria Cha , Executive Director 22 NOTICE OF APPEAL OR RIGHTS 2; YOU ARE ENTITLED T0 JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 29 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 30 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 31 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF REVOCATION OF CHARTER SCHOOL REGISTRATION - TIMOTHY RASH CERTIFICATE OF MAILING l hereby certify that l 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: TIMOTHY JAMES RASH 814 W. NEBO ST ROSEBURG OR 97470-2850 Dated thisgi é day of March 2010. By: Melo y Hanso Exec ive Assi nt PAGE 1- CERTIFICATE OF MAILING—T|MOTHY JAMES RASH