1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 23¢ In the Matter of the ) DEFAULT ORDER OF I 5 Teaching License of ) REVOCATION OF ‘ 6 MARK LEONARD HASHIGUCHI ) RIGHT TO APPLY Z On February 11, 2009, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Mark Leonard Hashiguchi (Hashiguchi) in which the 10 Commission charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(o) as it 11 incorporates 584-020-0035(1)(c)(D), and OAR 58+020-0040(4)(n) as it incorporates OAR 584-020- 12 0010(5). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7006 2760 13 0000 1638 5766, to the address on file with the Commission. The U.S. Certified Mail receipt was 14 returned as unclaimed to the Commission March 2, 2009. The Notice of Opportunity of Hearing, 15 dated February 11, 2009, and signed by Victoria Chamberlain, Executive Director, stated: 16 "You, Mark Leonard Hashiguchi, are entitled to a hearing on the proposed action of the 17 Commission. If you want a hearing, you must file a written request for a hearing with 18 the Commission within 21 days of the date of this notice. Attached t0 this notice is a 19 copy of the procedures, right of representation and other rights of parties relating to the 20 conduct of a hearing as required under ORS 183.413(2)." 52 Mr. Hashiguchi did not request a hearing. The Commission, therefore, finds Mr. 23 Hashiguchi to be in default and enters the following findings of fact, conclusions of law and 24 order, based on the files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. While employed as a teacher with the Archdiocese of Portland, Hashiguchi touched or 27 rubbed the thighs of female students. 28 2. Hashiguchi continued to touch or rub the thighs of female students after being warned 29 about this behavior by supervisors. 30 3. During the 2007/2008 school year, Hashiguchi touched or rubbed the thigh of a female 31 student, under her skirt. 32 CONCLUSIONS OF LAW 1 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSE - HASHIGUCI-fl 1 Hashiguchi violated OAR 584-020-0040(4)(o) as it incorporates 584-020-0035(1)(c)(D) 2 (Honoring appropriate adult boundaries with students in conduct and conversations at all times) when 3 he touched or rubbed the thighs of female students. Hashiguchi violated OAR 584-020-0040(4)(n) as 4 it incorporates 584-020-0010(5) (Use professional judgment) when he continued to touch or rub the 5 thighs of female students after being warned about this behavior by supervisors. Hashiguchi violated 6 OAR 584-020-0040(4)(o) as it incorporates 584-020-0035(1)(c)(D) when, during the 2007/2008 school 7 year he touched or rubbed the thigh of a female student, under her skirt. The Commission’s authority 8 to impose discipline in this matter is based upon ORS 342.175. 9 FINAL ORDER 10 The Commission hereby revokes the right of Mark Leonard Hashiguchi to apply for an Oregon 11 teaching license. 12 13 IT IS SO ORDERED this {é 7% day of May 2009. 14 TEACHER STANDARDS AND PRACTICES COMMISSION 15 ' 16 Byzy 2Z% é éimg ZM/ 17 Ictoria Chamb n xecutive Director is NOTICE OF APPEAL OR RIGHTS 2(1) YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 22 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 23 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 24 OREGON COURT OF APPEALS. 2 - DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPLY FOR LICENSE - HASHIGUCHI 1 CERTIFICATE OF MAILING 2 3 4 5 l hereby certify that l served the foregoing order by mailing a true copy thereof certified by me 6 as such by U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed 7 to: 8 9 Mark Leonard Hashiguchi 10 9355 SW Davies Rd 11 Beaverton, OR 97008 12 [2A1 13 Dated this day of May, 2009. 14 15 ~ / 16 W 7% 17 By: 18 Melo Hanse ecutive Assistant PAGE 1 — CERTIFICATE OF MAILING — MARK LEONARD HASHIGUCHI