1 BEFORE THE 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 STATE OF OREGON 4 In the Matter of the Application) for Teaching License of: ) 5 ) FINAL ORDER TONY LEE BROWN, ) (By Default) 6 § 7 8 On February 26, 1996, Tony Lee Brown (Brown) filed an 9 application with the Teacher Standards and Practices Commission 10 (Commission) for an Oregon teaching license. In his application, 11 Brown informed the Commission that he had been convicted of the 12 crime of stalking in California. The Commission conducted an 13 investigation and on July 12, 1996, took action to deny Brown's ‘ '14 application. On August 5, 1996, the Commission issued a Notice 15 of Opportunity for Hearing to Brown. Brown requested a hearing 16 on August 19, 1996. The Commission scheduled a hearing for 17 October 10, 1996, at 9 a.m. in Salem, Oregon and informed Brown 18 of the date and location of the hearing on September 4, 1996. l9 The Commission appointed a three-member panel to conduct the 20 hearing. 21 At approximately 8:40 a.m. on October 10, Brown left a W" 22 telephone message at the Commission offices stating that Brown 23 was not prepared for the hearing and requesting a postponement of 24 the hearing. 25 Brown's request for postponement is denied. Brown was 26 provided notice of the charges against him on August 5, 1996. He {,Y‘PAGE 1 - FINAL ORDER (By Default) (Tony Lee Brown) DEPARTMENTOFJUSHCE ‘éfiiiméli'éfiifi' (50313784620 ‘ . 1 was advised of the date, time and place of the hearing on 2 September 4. He was provided copies of documents related to the 3 evidence against him on September 4 and again on September 30. 4 These documents included copies of court documents and copies of 5 police reports related to the charges against him. The 6 Commission finds that Brown did not make a timely request for a 7 postponement, and he did not state sufficient grounds to allow a 8 postponement. 9 Brown did not appear at the hearing on October 10, 1996. 10 The Commission finds Brown to be in default. The Commission 11 makes the following findings of fact and conclusions of law based 12 on the record of this case consisting of the files and records of 13 the Commission in this matter. . 14 FINDINGS OF FACT 15 1. Brown applied for a basic Oregon teaching license with 16 an endorsement in physical education on February 26, 1996. 17 2. On October 26, 1990, the Superior Court of San 18 Bernadino County, California granted a restraining order against 19 Brown. The restraining order prohibited Brown from contacting, 20 molesting, attacking, striking, threatening, sexually assaulting, 21 battering, telephoning or disturbing the peace of Adriana 22 Armstrong or her two minor children. The order further required 23 Brown to immediately move from Armstrong's residence at 14535 24 Flathead Road, Apple Valley, California. Brown was also required 25 under the order to stay at least 500 yards from Ms. Armstrong and 26 her residence. . PAGE 2 - FINAL ORDER (By Default) (Tony Lee Brown) mamas?” SalmOregonWIHO umunmm . 1 3. On July 19, 1991, Brown was arrested for violating the 2 restraining order by going to Armstrong's home without her 3 permission and subjecting her to verbal abuse. 4 4. On April 20, 1992, Armstrong reported to the police 5 that Brown had stolen items from Armstrong's garage. 6 Subsequently on November l8, 1992, the police carried out a 7 search warrant at Brown's home and found the property that 8 Armstrong had reported stolen. 9 5. On May 23, 1992, Brown entered Armstrong's home without 10 her permission by breaking through the front door. While in the 11 house, Brown got into a physical altercation with a male visitor 12 in Armstrong's home. 13 6. On July 20, 1992, Brown was arrested for violation of . 14 the restraining order for coming to Ms. Armstrong's home and 15 refusing to leave. 16 7. On September 10, 1992, Brown was arrested for "spousal 17 abuse." On this occasion, Brown came to Armstrong's home at 18 8 a.m. in the morning. Brown entered the home without permission 19 and confronted Armstrong in her bedroom, where he subjected 20 Armstrong to physical abuse by striking her on the face and body 21 and stuffing a towel into Armstrong's mouth. 22 8. On October 15, 1992, Brown was arrested for the crime 23 of stalking for coming to Armstrong's house without her 24 _permission, ringing the door bell and running away from the 25 house. 26 /// ’ PAGE 3 — FINAL ORDER (By Default) (Tony Lee BrOWn) DEPARTMENTOFJUSTICE ‘éffili'ifw'ifi (503)378-4620 . l 9. On October 19, 1992, Brown was again arrested for 2 making harassing telephone calls to Armstrong soon after he was 3 released from custody on the arrest for the stalking offense. 4 10. Brown entered a guilty plea to the crime of stalking. 5 Under California law, a person is guilty of this crime who 6 willfully, maliciously and repeatedly follows or harasses another 7 person and who makes a credible threat with the intent to place 8 that person in reasonable fear of his or her safety. This crime 9 is a felony under California law when committed while there is a 10 restraining order in place. 11 11. On May 18, 1993, Brown was sentenced to two years in 12 prison by the Superior Court of San Bernadine, California. Brown 13 has now completed his prison sentence and is currently still on . 14 parole. 15 ULTIMATE FINDING OF FACT 16 12. Brown repeatedly violated a restraining order by 17 harassing and physically assaulting Adriana Armstrong. Brown was 18 convicted of the felony crime of stalking on May 18, 1993. 19 CONCLUSION OF LAW 20 13. Brown's conduct constitutes gross neglect of duty under 21 OAR 584-20-040 and Brown has failed to demonstrate good moral 22 character as required by ORS 342.143 for persons applying for an 23 Oregon teaching license. 24 /// 25 /// 26 /// . PAGE 4 — FINAL ORDER (By Default) (Tony Lee Brown) Damn-mam- or JUSTICE ‘éZififé'iififw'iifi' (soammzo . l ORDER 2 The application for an Oregon teaching license of Tony Lee 3 Brown is hereby DENIED. 4 Dated this a? fivday of 1214M: , 1996. 5 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 ,5 f .1/1 M 8 David V. Myton, Executive Secretary 9 10 11 NOTICE: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION 12 FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 13 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. O 14 15 16 17 18 19 20 21 22 23 24 25 26 JGMchs:101596\JGGOEB49 . PAGE 5 — FINAL ORDER (By Default) (Tony Lee Brown) numwmzm-orws'nca 1162 Court Sm ma. Salem, Ongon 97310 (smnnaao ' CERTIFICATE OF MAILING I hereby certify that I served the foregoing Order by mailing a true copy thereof, certified by me as such, by U.S. first class mail, and U. S. Certified Mail, with Return Receipt Requested addressed to: TONY LEE BROWN 19656 BUCK CANYON DRIVE BEND OR 97702 7% Dated this [(2 " day MM, 1996. 1 y » \ / - ByU/L/JA. 4/1114) C arlene A. Smith ‘ Secretary to the Commission