l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the Educator ) DEFAULT ORDER OF

5 License of ) REVOCATION OF RIGHT TO

6 JOSHUA JAMES BROWN ) APPLY FOR LICENSURE

7

8

9 On March 22, 2017, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Joshua James Brown (Brown) in which the
11 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First
12 Class Mail and U.S. Certified Mail Receipt 7016 0750 0000 2419 1195 to the address on file
13 with the Commission. The Notice designated the Commission file as the record for purposes
14 of proving a prima facie case. The Certified Mail receipt was returned signed t0 the
15 Commission on March 31, 2017. The first class mail was not returned to the Commission.
l6 The Notice of Opportunity 0f Hearing, dated March 22, 2017, and signed by Monica Beane,
17 Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Brown did not request a hearing. The Commission, therefore, finds Brown to be in
27 default and enters the following findings of fact, conclusions of law, and final order, based
28 on the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Brown has never been licensed by the Commission. On August 31, 2015, Brown made
31 application to the Commission for an Oregon Charter School Registry in order to
32 serve as a teacher at the Willamette Leadership Academy. During all relevant times,
33 Brown was employed by the Willamette Leadership Academy Charter School as an
34 instructional assistant.
35 2. On or about May 1, 2016, Brown’s application for a Charter School Registry was
36 referred to investigations to determine if Brown was properly assigned and/0r
37 licensed. Brown’s application of August 31, 2015 was deemed incomplete and was

PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LICENSURE- JOSHUA JAMES BROWN

1 expired on April 20, 2016, for failure t0 follow up on requested information related

2 to Brown’s application and background clearance.

3 3. In the course of the investigation, it was discovered that Brown’s employment with

4 the Willamette Leadership Academy had been previously terminated with cause. The

5 investigation determined that on October 2, 2015, while working as an instructional

6 assistant under the supervision of a properly licensed educator, Brown went off

7 campus for his break time. During this time, Brown smoked marijuana for which he

8 advised he held a valid medical marijuana card. After ingesting the marijuana,

9 Brown returned to campus to continue his work. Other staff members reported
10 Brown’s activities to management, who questioned Brown about his actions. Brown
11 admitted to using marijuana and explained that he was unaware this was a violation
12 of school policy. Management reminded Brown of their policy stating “N0 employee
13 may report t0 work or remain 0n duty or on-call status while under the influence of
14 0r impaired by any controlled substance or alcohol”. Brown was asked to leave the
15 campus and Brown's employment was terminated.
l6 CONCLUSIONS OF LAW
17 Joshua James Brown engaged in unprofessional conduct as described in section three
18 (3) above. Brown’s conduct is grounds for denial of his application under ORS 342.143(2).
19 The above conduct also constitutes gross neglect of duty in violation of ORS 342.175(1)(b);
20 OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional
21 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and
22 regulations); and OAR 584-020-0040(4)(g) (Appearing on duty 0r at any district-
23 sponsored activity while under the influence of alcohol 0r any controlled substance).
24
25 The Commission's authority to impose discipline in this matter is based upon ORS
26 342.175.
27 FINAL ORDER
28 The Commission hereby revokes Joshua James Brown’s Right t0 Apply for an
29 Educator License.

PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LlCENSURE- JOSHUA JAMES BROWN

1 IT 1s so ORDERED THIS 7 {day of June, 2017.

2 TEACHER STANDARDS AND PRACTICES COMMISSION

3 P i

4 By: i ll-

5 Dr. Monica Beane, Executive Director

6

7 NOTICE OF APPEAL OR RIGHTS

8

9 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
10 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
11 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
12 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.

PAGE 3-DEFAULT ORDER 0F REVOCATION OF RIGHT T0 APPY FOR LICENSURE- JOSHUA JAMES BROWN