1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION _f 2 OF THE STATE OF OREGON \ 3 4 5 In the Matter of the | ' 6 Teaching License of | DEFAULT ORDER OF 7 DANIEL WAYNE LEBRUN | DENIAL OF LICENSURE 8 I 9 10 11 On September 26, 2001, the Teacher Standards and Practices Commission issued a 12 Notice of Opportunity for Hearing to Daniel LeBrun, in which the Commission proposed to 13 deny issuance of a Substitute Teaching License under ORS 342.175. The notice was sent 14 via U.S. First Class Mail and U.S. Certified Mail Receipt #7000 0600 0023 8496 9891 to 15 the address Mr. LeBrun provided to the Commission. The certified mail receipt was signed 16 and dated by a Frank LeBrun on September _28th and returned to the Commission on 17 October 1, 2001. Daniel LeBrun did not request a hearing. 18 l9 The Notice of Opportunity for Hearing, signed by David V. Myton, Executive I 220 Director, stated: ' . 21 If a request for hearing is not received within this 21-day period, your right to 22 hearing shall be considered waived unless your failure to request a hearing was 23 beyond your reasonable control. If you do no request a hearing or if you fail to 24 appear at a hearing, the Commission will adopt an Order of Default which may 25 include the revocation or suspension of your license or other discipline. 26 27 Based on the foregoing, the Commission finds Daniel LeBrun in default and such 28 default is hereby entered. Based on the records and files of the Commission, the 29 Commission enters the following findings of fact and order. 30 31 FINDINGS OF FACT 32 331. 1. On January 9, 1986, Daniel LeBrun was issued a Basic Teacher License with an 34 endorsement in Basic Elementary, LeBrun renewed this license in 1989, 1992, 1995, and 35 199s. i PAGE 1 - DEFAULT ORDER—DANTEL WAYNE LEBRUN 12. 2. On January 23, 1998, Daniel LeBrun renewed his Basic Teacher license valid . 2 through January 8, 2001. He answered “no” to all character questions, however, circled 3 the word ‘cited’ in “Have you ever been arrested or cited for any offense listed in 4 question (8) above which is still pending in the court?” 5 63. 3. On or about January 1, 2001, LeBrun submitted an Application for Educator 7 License Form C-1 for his first Substitute Teaching License. LeBrun was not eligible to 8 renew his Basic Teaching since he did not have 180 days of teaching in Oregon schools 9 during the life of the current teaching license. LeBrun answered “yes” to character 10 questions 8 and 10. On the application, LeBrun checked the box for “Check here if for 11 any ‘yes’ answer an explanation was provided with a plor application, in which case, no 12 further explanation is required at this time. LeBrun also wrote “You should have the 13 explanation on file with court documentation”. 144. 155. 4. On January 25, 2001, TSPC wrote to LeBrun stating that his application for an 16 evaluation for licensure is denied in that an incomplete application Was submitted. A ‘17 written explanation and court records for his “yes” answers were requested since these 18 documents were not previously filed with TSPC. 196. 207. 5. On March 12, 2001, TSPC again wrote to LeBrun requesting a full explanation, 21 explaining in detail, the court action against him. LeBrun was reminded that the 22 nonrefundable fee he submitted in January was valid for 9O days from the date of our 23 January correspondence. 248. 259. 6. On February 9, 2001, TSPC received information that Daniel LeBrun is currently 26 on probation following his conviction on October 13, 1998, for Thefi of Govemment 27 Funds. This was a Class A misdemeanor offense. 28 29 CONCLUSIONS 0F LAW ' 30 Daniel LeBrun’s actions constitute gross unfitness in violation of ORS 342.175 and .31 OAR 584-050-0006. PAGE 2 - DEFAULT ORDER—DANIEL WAYNE LEBRUN 1 ORDER o 2 3 The Commission denies issuance of a Substitute Teaching License to Daniel Wayne 4 LeBrun, DOB 01-08-43, for gross unfitness. 5 . 6 Dated this Z é fi“ day of November 2001. 7 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 10 11 t \ \ 12 By ~ 4 / 13 David V. yton, cutive Director l4 15 16 NOTICE OF APPEAL 0R RIGHTS 17 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICAL 19 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O 20 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT '21 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 22 23 24 CERTIFICATE OF MAILING ' 25 26 I hereby certify that I served the foregoing order by mailing a true copy thereof 27 certified by me as such by regular U.S. First Class Mail and by U.S. Certified Mai1—Return 28 Receipt Requested to: 29 30 Daniel LeBrun 31 17780 Towle Drive . 32 Sandy OR 97055 33 34 03 fi 35 Dated this / day of November 2001. 36 37 / / ' 38 / 39 By: 0 Ithvl M 4O ‘ I“ y . a, , 41 E > tivsistant to the Commission PAGE 3 - DEFAULT ORDER-DANIEL WAYNE LEBRUN