l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION AND REVOCATION 6 JONATHAN MICHAEL PEACHEY ) OF RIGHT TO APPLY 7 8 9 On May 31, 2016, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Jonathan Michael Peachey l 1 (Peachey) in which the Commission charged him with Gross Neglect of Duty and Gross 12 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 13 7015 0640 0004 7539 7073 to the address on file with the Commission. The Notice 14 designated the Commission file as the record for purposes of proving a prima facie case. 15 The Certified Mail was returned to the Commission as “unclaimed”. The regular first 16 class mail was not returned to the Commission and is assumed t0 have been delivered. 17 The Notice of Opportunity of Hearing, dated May 31, 2016, and signed by Victoria 18 Chamberlain, Executive Director, stated: l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 2l UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 23 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 24 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 25 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 Peachey did not request a hearing. The Commission, therefore, finds Peachey t0 be in 28 default and enters the following findings of fact, conclusions of law, and final order, 29 based on the files and records of the Commission concerning this matter. 3O FINDINGS OF FACT 31 1. Jonathan Michael Peachey has been licensed by the Commission since August 13, 32 2003. Peachey’ s Initial II Teaching License, with endorsements in ESOL (ML/ HS, 33 ECE/ELE L), ESOL/ Bilingual (ML/ HS, ECE/ELE L), and Spanish (HS) is valid from 34 August 14, 2013, through July 4, 2017. During all relevant times, Peachey was 35 employed by the West Linn-Wilsonville School District. 36 2. On February 3, 2016, Peachey pled guilty to, and was convicted of, two counts of 37 Sexual Abuse in the Third Degree (ORS 163.415), a class A Misdemeanor. Peachey PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - JONATHAN MICHAEL ‘ PEACHEY . .—___——__—__ 1 was sentenced to sixty days in jail, 36 months of supervised probation, and required 2 t0 register as a sex offender. 3 3. Peachey’s convictions arose from allegations that on 0r about August 2015, through 4 September 2015, Peachey subjected students, under the age of 18, to sexual contact. 5 Investigation determined Peachey provided minor aged students with alcoholic 6 beverages, slept in the same bed as students, spooned with students, touched the 7 penis of the students, discussed oral sex with the students, and asked these students 8 if they were sexually aroused. 9 CONCLUSIONS OF LAW 10 Peachey’s convictions constitutes gross neglect of duty in violation 0f ORS 11 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-o2o-oo1o(5) (Use l2 professional judgment); and OAR 584-020-oo4o(1)(m) (ORS 163.415 —Sexual Abuse in 13 the Third Degree). This conduct also constitutes gross unfitness in violation 0f ORS 14 342.175(1)(c); OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 15 criminal conduct, even in the absence of a conviction). Additionally, Peachey’s 16 convictions constitute “gross unfitness” in violation of ORS 342.175(1)(c), OAR 584- 17 020-oo4o(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any 18 conduct which renders an educator unqualified to perform his or her professional 19 responsibilities”). 2O Pursuant to ORS 342.175(3) and OAR 584-02o-oo4o(1) the Teacher Standards 21 and Practices Commission must revoke Peachey’s license and Peachey/s right to apply 22 for a license based on conviction of any of the crimes listed in ORS 342.143(3)(a), or the 23 substantial equivalent of any 0f those crimes. 24 Furthermore, the conduct underlying Peachey’s indictments and convictions 25 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 26 oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment) ; OAR 27 584-020-0040(4)(k)( Violation of any rule 0r order 0f the Commission); OAR 584- 28 020—0040(4)(f) (Any sexual conduct with a student) as defined by OAR 584-020- 29 0005(5); and OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(1)(c)(A) 30 (Not demonstrating or expressing professionally inappropriate interest in a student's 31 personal life), OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries EéggfigeEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- JONATHAN MICHAEL l with students in conduct and conversations at all times); and OAR 584-020- 2 0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law, 3 exemplifying personal integrity and honesty). Additionally, Peachey’s convictions and 4 conduct related to Peachey’s convictions constitute “gross unfitness” in violation of ORS l 5 342.175(1)(c); OAR 584-o2o-oo4o(3)(a) and (d) as defined by OAR 584-020-0040 (5) ‘ 6 (“Gross unfitness is any conduct which renders an educator unqualified t0 perform his 7 or her professional responsibilities”). 8 1 9 The C0mmissi0n’s authority t0 impose discipline in this matter is based upon ORS l l 10 342.175. ll FINAL ORDER l2 The Commission hereby revokes Jonathan Michael Peachey’s Oregon educator 13 license and his right to apply for arhOregon educator license. 14 IT IS SO ORDERED THIS is ’ day of August, 2016. 15 TEACHER STANDARDS AND PRACTICES COMMISSION l6 l7 18 By: 19 Dr. Monica Beane, Executive Director 20 21 22 23 NOTICE OF APPEAL OR RIGHTS 24 25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 26 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 27 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 28 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - JONATHAN MICHAEL PEACHEY 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—Return Receipt Requested, addressed to: Jonathan Michael Peachey 2360 Glen Haven Rd Lake Oswego, OR 97034-5713 Dated this /5 ' day ofAugust, 2016. By: . l Patt eldon Investigative Assistant PAGE 1— CERTIFICATE OF MAILING— JONATHAN MICHAEL PEACHEY