l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
, 2 OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER OF
S Educator License 0f ) REVOCATION AND REVOCATION
6 DANNY RAY SWAN SON ) OF RIGHT TO APPLY
7
8 On December 30, 2016, the Teacher Standards and Practices Commission
9 (Commission) issued a Notice of Opportunity for Hearing t0 Danny Ray Swanson
10 (Swanson) in which the Commission charged him with Gross Neglect 0f Duty. The
11 Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7016 0750
12 0000 2419 0631 to the address on file with the Commission. The Notice designated the
13 Commission file as the record for purposes of proving a prima facie case. The Certified
14 Mail receipt was returned signed to the commission on January 5, 2017. The regular
15 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated
16 December 30, 2016, and signed by Monica Beane, Executive Director, stated:
l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l8 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
l9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 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 Swanson did not request a hearing. The Commission, therefore, finds Swanson to be in
26 default and enters the following findings of fact, conclusions of law, and final order,
j 27 based 0n the files and records of the Commission concerning this matter.
i 28
29 FINDINGS OF FACT
3O 1. Danny Ray Swanson has been licensed by the Commission since September 26,
31 1983. Swanson’s Standard Teaching License; with endorsements in Basic
32 Mathematics (018), Mechanical Systems (024), and Standard Technology Education
33 (018); is valid from August 7, 2012, through May 6, 2018. On June 13, 2016, i
34 Swanson submitted a written request / notice that he was surrendering his teaching j
35 license, effective on that date, as part of an agreement with the Jackson County
36 District Attorney to settle Swanson’s related criminal investigation. During all
37 relevant times, Swanson was employed by the Southern Oregon Education Service
PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION 0F RIGHT TO APPLY- DANNY RAY
SWANSON

1 District and providing substitute teaching services to the Rouge River School

2 District.

3 2. On April 15, 2015, the Commission received a report from the Oregon Department of

4 Human Services alleging that Swanson had inappropriately touched a female

5 student. On June 11, 2015, the Commission received a report from the Rogue River

6 School District asserting similar allegations. On June 15, 2015, the Commission

7 received a report from the Southern Oregon Education Service District, also

8 reporting possible misconduct related to the other reports. The resulting district, law

9 enforcement, and Commission investigations determined that on or about April 2nd
10 and 3rd, 2015, while Swanson was employed as a substitute teacher at Rouge Rive
1 1 High School, Swanson used inappropriate language to include the word “pussy”, in
12 the classroom, while in the presence of students. Swanson was witnessed looking at
13 the breasts and buttocks of female students while they were seated in the classroom
14 and as they would leave the room. Swanson also inappropriately touched a 14-year-
15 old female student on her buttocks with his hand. The resulting police investigation
16 of sex abuse allegations led to a criminal charge of Harassment (ORS 166.065), a
17 class A misdemeanor. Investigation determined Swanson’s conduct to be
18 inappropriate and in violation of local policy, and Swanson’s employment was
19 terminated. At a later date, the criminal charges were dismissed as a result 0f a plea
20 agreement that required Swanson to permanently surrender his teaching license. On
21 June 13, 2016, the Commission received a letter from Swanson surrendering his
22 teaching license.
23 CONCLUSIONS OF LAW
24 Danny Ray Swanson’s conduct describes above constitutes gross neglect of duty
25 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR
26 584-020-0010(1) (Recognize the worth and dignity of all persons and respect for each
27 individual), OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-
28 0025(2)(e) (Using district lawful and reasonable rules and regulations); and OAR 584-
29 020-004o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring
30 appropriate adult boundaries with students in conduct and conversations at all times).
31

PAGE 2-DEFAULT ORDER 0F REVOCATION AND REVOCATION OF RIGHT TO APPLY- DANNY RAY
SWANSON

1 The Commission’s authority to impose discipline in this matter is based upon
2 ORS 342.175.
3 FINAL ORDER
4 The Commission hereby revokes Danny Ray Swanson’s Oregon educator license
5 and revokes his right to apply for ar‘:~ Oregon educator license.
e IT 1s so ORDERED THIS e:erflhw of February, 2017.
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8
9
10 By: i i ‘L g
11 Dr. Monica Beane, Executive Director
12
13
14
15 NOTICE OF APPEAL OR RIGHTS
16
17 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
19 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- DANNY RAY 1
SWANSON

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:
Danny Ray Swanson
511 Summerlin Dr.
Central Point, OR 97502
Dated this 22,74‘; day of February, 2017.
By: .
Pa eldon
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— DANNY RAY SWANSON