1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) DEFAULT ORDER OF 4 Charter School Registration of ) REPRIMAND 5 MARK E. HAZELTON ) 6 7 On June 17, 2011, the Teacher Standards and Practices Commission 8 (Commission) issued a Notice of Opportunity for Hearing to Mark Edmund 9 Hazelton (Hazelton) in which the Commission charged him with Gross Neglect of 1O Duty pursuant to ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates 1 1 OAR 584-020-oo1o(5), OAR 584-020-0025(3)(a), and OAR 584-020- 12 0025(3)(b); OAR 584-020-0040(4)(o) as it incorporates OAR 584-020- 13 0035(2)(a); and OAR 584-o2o-oo4o(4)(i). The Notice was sent via U.S. First 14 Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 3551 to the 15 address on file with the Commission. The Certified Mail was returned unclaimed 16 to TSPC marked “Restricted Delivery” July 7, 2011. The regular mail was not 17 returned to the Commission. The Notice of Opportunity of Hearing, dated June 18 17, 2011, and signed by Victoria Chamberlain, Executive Director, stated: 19 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21- 20 DAY PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED 21 WAIVED UNLESS YOUR FAILURE TO REQUEST A HEARING WAS 22 BEYOND YOUR REASONABLE CONTROL. IF YOU DO NOT REQUEST 23 A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 24 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 25 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR 26 OTHER DISCIPLINE.” 27 28 Hazelton did not request a hearing. The Commission, therefore, finds Hazelton 29 to be in default and enters the following findings of fact, conclusions of law and 3O order, based on the files and records of the Commission concerning this matter. PAGE 1-DEFAULT ORDER OF REPRIMAND - HAZELTON, MARK EDMUND 1 FINDINGS OF FACTS 2 1. Mark E. Hazelton has been licensed as a charter school administrator in 3 Oregon since February 4, 2008. Hazelton’s Administrative Charter School 4 Registration, issued on February 5, 2011, expires on February 4, 2014. During 5 all relevant times, Hazelton was employed by the Kings Valley Charter School. 6 2. Anna Bowman was employed by the Kings Valley Charter School as a Spanish 7 teacher beginning in 2007. The Commission did not receive Ms. Bowman’s 8 application for a Charter School Registry to teach until May 18, 2008. Ms. Bowman 9 worked without a Teaching License or Charter School Registry. Hazelton was the 10 chief administrator of Kings Valley Charter School during this time, and as such was 1 1 responsible for the proper licensure or registration of the teaching staff. 12 13 CONCLUSIONS OF LAW 14 Mark E. Hazelton’s employment of an educator without a License or Charter 15 School Registry constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 16 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use of professional 17 judgment), OAR 584-020-0025(3)(a) (Leadership skills in managing the school, its 18 students, stafl, and programs as required by lawful and reasonable district policies, 19 rules, and regulations, state and federal laws and regulations, and other programs as 20 assigned, and assures that stafi‘ is informed of these requirements), and OAR 584-020- 21 0025(3)(b) (Skills in planning and staff assignment); OAR 584-020-004o(4)(o) as it 22 incorporates OAR 584-020-0035(2)(a) (Apply for, accept, ofler, 0r assign a position of 23 responsibility only on the basis of professional qualifications, and will adhere to the 24 conditions of a contract 0r the terms 0f the appointment); and OAR 584-020- 25 0040(4)(i) (Deliberately assigning an educator in violation oflicensure requirements). 26 The Commission’s authority to impose discipline in this matter is based upon ORS 27 342.175. PAGE 2-DEFAULT ORDER OF REPRIMAND - HAZELTON, MARK EDMUND 1 FINAL ORDER 2 The Commission hereby, imposes a Public Reprimand 0n Mark E. 3 Hazelton’s Administrative Charter School Registration. 4 IT IS SO ORDERED THIS flday of January, 2012. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 STATE OF OREGON 7 T ( 8 B M/ 9 Victoria Cham n xecutive Director 10 11 NOTICE OF APPEAL OR RIGHTS 12 13 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 14 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS 15 FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO 16 THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 17 18 PAGE 3-DEFAULT ORDER OF REPRIMAND - HAZELTON, MARK EDMUND 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: Mark Edmund Hazelton 14420 Wildwood Road Philomath OR 97370 Dated this It? ilk day of January, 2012. By: f) ,, , P / iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING-HAZELTON, MARK EDMUND