Ga FIsflyqflllllgllllljlfllll![IIIIIIIIHIIHIII l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF 6 GARY LEE FISCHER ) LICENSURE 7 8 9 On March 18, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice 0f Opportunity for Hearing to Gary Lee Fischer (Fischer) in which the 11 Commission charged Fischer with Gross Neglect of Duty and Gross Unfitness. The Notice i 12 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7014 0150 0000 1046 5611 l l 13 t0 the address on file with the Commission. The Notice designated the Commission file as 14 the record for purposes 0f proving a prima facie case. The Certified Mail receipt was signed 15 and returned to the Commission, and the first class mail was not returned and assumed 16 delivered. The Notice of Opportunity for Hearing, dated March 18, 2015, and signed by l7 Victoria Chamberlain, 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 Zl 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 Fischer did not request a hearing. The Commission, therefore, finds Fischer to be in default 27 and enters the following findings of fact, conclusions of law, and final order, based 0n the 28 files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Fischer has been licensed as a teacher in Oregon since December 31, 1979. F ischer’s 31 Standard Teaching License, with endorsements in Basic Health Education (018), Basic 32 Physical Education (018), and Standard Exceptional Learner I (018), is valid from 33 October 23, 2012, through October 22, 2017. During all relevant times, Fischer was 34 employed by the Molalla River School District. 35 2. On September 12, 2013, the Commission received a report from the Molalla River 36 School District alleging Fischer had violated professional standards. Specifically, it 37 was reported that on or about February 2013, Fischer stole cash money from a PAGE 1-DEFAULT ORDER OF REVOCATlON OF LICENSURE- GARY LEE FISCHER 1 student’s wallet that was left in the students pants pocket in the boys’ locker room. 2 Investigation determined that students had been experiencing the theft of money 3 from the boys’ locker room area. Student AS reported the thefts to Fischer in hopes ‘ 4 an adult would help and be able to determine who was committing the thefts. The i 5 thefts continued to occur and after several weeks, AS attempted to catch the thief. AS l 6 and another student used a cell phone to record the locker room area after leaving 7 their clothing and property in the locker room area. Upon their return, AS 8 discovered that another theft had occurred. AS reviewed the recording at home later 9 that evening. Upon viewing the recording, AS discovered it was Fischer who had 10 removed the money from a student’s wallet on that date. AS copied the video to a 1 1 compact disc and gave Fischer a copy, telling Fischer that he had caught the thief. 12 The following day, Fischer contacted AS and thanked him for the recording and 13 offered him approximately $60-80 dollars in cash. This was eventually reported t0 14 school administrators who notified law enforcement. On August 22, 2013, Fischer 15 resigned his employment with the school district. Student AS estimated he had lost a 16 total 0f approximately $80 over the time of the thefts. Student AS and his family told 17 law enforcement they did not wish to press criminal charges against Fischer because 18 they believed Fischer had already been punished enough by the loss of his 19 employment. Fischer advised Commission investigators that he was declining to be 20 interviewed, and on June 4, 2012, Fischer provided the Commission a letter 21 surrendering his teaching license effective May 28, 2014. 22 CONCLUSIONS OF LAW 23 Fischer’s conduct described above, constitutes gross neglect 0f duty in violation of 24 ORS 342.175(1)(b); OAR 584-02o-oo4o(4)(n) as it incorporates OAR 584-o2o-oo1o(5) 25 (Use professional judgment); OAR 584-020-004o(4)(o) as it incorporates OAR 584-020- 26 0035(3)(a) (Maintain the dignity ofthe profession by respecting and obeying the law, 27 exemplifying personal integrity and honesty). This conduct also constitutes gross unfitness 28 in violation 0f ORS 342.175(1)(c); and OAR 584-020-0040(5)(e) (Admission 0f or engaging 29 in acts constituting criminal conduct, even in the absence of a conviction). 30 The Commission’s authority to impose discipline in this matter is based upon 31 ORS 342.175. . PAGE 2-DEFAULT ORDER OF REVOCATlON OF LICENSURE- GARY LEE FISCHER ‘ 1 FINAL ORDER 2 The Commission hereby revokes Gary Lee Fischer’s Educator license. Ht 3 1T IS s0 ORDERED THIS Q0 'day of May, 2015. 4 TEACHER STANDARDS AND PRACTICES COMMISSION i ZéZW/ W i 5 By: _ 6 Victoria Chamberlain, Executive Director 7 8 NOTICE OF APPEAL OR RIGHTS 9 10 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW . 11 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM l 12 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 13 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION 0F LICENSURE- GARY LEE FISCHER l 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 Mai1—Return Receipt Requested, addressed to: Gary Lee Fischer 31602 S Wright Road Molalla, OR 97038-9678 It Dated this 023 day of May, 2015. . 7’ '