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 OF RIGHT

6 SHAWN CHRISTOPHER BROWN ) TO APPLY FOR LICENSURE

7

8 On September 5, 2014, the Teacher Standards and Practices Commission

9 (Commission) issued a Notice of Opportunity for Hearing t0 Shawn Christopher Brown
10 (Brown) in which the Commission charged him with Gross Neglect of Duty. The Notice
1 1 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 1010 0003 2804 4630
12 t0 the address on file with the Commission. The Notice designated the Commission file
13 as the record for purposes of proving a prima facie case. Both the Certified Mail and the
14 regular mail were not returned to the Commission. The Notice of Opportunity for
15 Hearing, dated September 5, 2014, and signed by Victoria Chamberlain, Executive
16 Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
24
25 On September 10, 2014, Brown requested a hearing. On August 3, 2015, Brown
26 withdrew his request for a hearing. The Commission, therefore, finds Brown to be in
27 default and enters the following findings of fact, conclusions of law, and final order,
28 based on the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Shawn Christopher Brown has been licensed by the Commission since September 22,
31 2009. Brown’s Career and Technical I Teaching License, with an endorsement in
32 Agriculture Science and Technology (CTE/ HS), was issued November 16, 2010, and
33 expired on September 7, 2013. During all relevant times, Brown was employed by
34 the North Powder School District.
35 2. On March 26, 2013, the Commission received a report from the superintendent of
36 the North Powder School District indicating that Brown had violated professional

PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — SHAWN CHRISTOPHER BROWN

1 standards. On March 15, 2013, by vote 0f the school board, Browns employment was

2 terminated.

3 3. On April 4, 2012, Brown was placed on paid administrative leave while the district

4 and law enforcement investigated a complaint alleging that Brown slapped student

5 PW on the head when PW refused to give Brown his cell phone. Investigations

6 determined that Brown did touch student PW inappropriately and could have been

7 charged with the crime of Harassment. PW also reported that Brown transported

8 students in his personal vehicle to Brown’s house t0 load lumber. Brown endangered

9 students by transporting more students than Brown had seatbelts available for. PW
10 was one of the students who did not have seat belt. Brown stopped his vehicle
1 1 suddenly causing PW to strike his head on the dashboard. Brown laughed about it
12 and told PW he should have held on. PW reported Brown had hit him several times
13 in the past with an open hand, told him he “has no nuts” and singled him out in class
14 t0 the point of making PW cry. No charges were filed, and Brown was returned to
15 work with a verbal warning not to touch students.
16 4. On March 6, 2013, it was reported to district and law enforcement that on March 5,
17 2013, Brown struck student AA while on a bus field trip. AA reported that Brown
18 slapped him on the back of the shoulder with an open hand causing him pain.
19 Investigation determined that several other students witnessed this incident. When
20 questioned, Brown admitted to slapping AA, advising that Brown had not intended
21 to hurt AA, Brown only wanted AA to return a stuffed animal that he had picked up
22 from the bus floor that belonged t0 Brown’s daughter, who was also on the bus.
23 During this investigation, officials learned that Brown had also kicked student CB in
24 the shin because he was turned around talking to students in another seat and being
25 disruptive. CB reported he was not injured by Browns kick. Law enforcement
26 advised Brown that his use of physical force was unwarranted in these instances, and
27 Brown could be charged with the crime of Harassment. Law enforcement also
28 advised Brown that none of the involved students or their families wanted to press
29 criminal charges at this time.
30 5. Bus driver Jeffrey Warren, along with other parent chaperones, reported to school
31 officials that 0n or about March 4, 2013, while on a field trip to Portland for a Trail
32 Blazer basketball game, Brown informed Warren that Brown had a “firearm” in his

PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - SHAWN CHRISTOPHER BROWN

1 possession and needed to store it on the bus because Brown could not get past event
2 security. Warren informed Brown that firearms were not allowed on the bus, and
3 Brown replied that he had a concealed weapons permit. Warren stated that Brown
4 then secured something in a locked storage compartment under the bus. Warren
5 advised that he never saw the firearm Brown spoke of. Interviewed chaperones
6 advised that Brown had told them he was “packing”, and Brown had to secure the
7 weapon both before the basketball game and while visiting the State Capital in
8 Salem. When questioned about the incident by school officials and the commission
9 investigator, Brown claimed the item was a knife he wore around his neck and not a
10 firearm. Brown also denied that he ever told any of the chaperones that he was in
1 1 possession of any weapon, and that Brovm only told the bus driver he had a
12 concealed weapons permit. Records indicate that Brown does not possess a valid
13 concealed weapons permit in the State of Oregon, and Oregon does not honor such
14 permits issued in any other state or territory.
15 CONCLUSIONS OF LAW
16 Brown’s conduct described in sections three (3) and four (4) above (individually
17 or collectively) constitutes gross neglect 0f duty in violation of ORS 342.175(1)(b); OAR
18 584-020-oo4o(4)(n) as it incorporates, OAR 584~o2o-0020(0010(1)( Recognize the
19 worth and dignity ofall persons and respectfor each individual),OAR 584-020-
20 0010(5) (Use professionaljudgment), OAR 584-020-0020(2)(d)(Skill in the
21 supervision ofstudents); OAR 584-020-0030(2)(b) (Skill in communicating with
22 administrators, students, staff, parents, and other patrons), OAR 584-020-
23 oo25(2)(e)(Using district lawful and reasonable rules and regulations); and OAR 584-
24 020-0040(4)(d) (Unreasonable physicalforce against students,fellow employees, or
25 visitors to the school, except as permitted under ORS 339.250).
26 Brown’s conduct described in section five (5) above constitutes gross neglect of
27 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates,
28 OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e)(Using
29 district lawful and reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill
30 in communicating with administrators, students, staff, parents, and other patrons);
31 OAR 584-o2o-oo4o(4)(o) as it incorporates; OAR 584-020-0035(3)(a) (Maintain the
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - SHAWN CHRISTOPHER BROWN

1 dignity of the profession by respecting and obeying the law, exemplifying personal
2 integrity and honesty); and OAR 584-020-0040(4)(c) (Falsification of any document
3 or knowing misrepresentation directly related to licensure, employment, or
1 4 professional duties).
‘ 5 The Commission’s authority to impose discipline in this matter is based upon ORS
6 342.175.
7 FINAL ORDER
8 The Commission hereby revokes Shawn Christopher Brown's right to apply for
9 licensure. J
10 IT IS so ORDERED THIS s2l day of October, 2015.
11 TEACHER STANDARDS AND PRACTICES COMMISSION
I2
I3
14 By: __
15 Victoria Chamberlain, Executive Director
16
l7
18
l9 NOTICE OF APPEAL OR RIGHTS
20
21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
22 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
23 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
24 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY - SHAWN CHRISTOPHER BROWN

CERTIFICATE OF MAILING

I hereby certify that I served the foregoing notice of finaI order, certified by me as such, by maiIing

U.S. First Class Mail and U.S. Certified Mai|—Return Receipt Requested, addressed to:
Shawn Christopher Brown
52276 Lampkin Lane
North Powder, OR 97867-9108

Dated this Ql day of October, 2015.

/
By: " 1 i .M ’
P1117 iddell
‘ Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— SHAWN CHRISTOPHER BROWN