l l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 431 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 ANGELO VICTOR MERCURE ) REVOCATION OF RIGHT TO APPLY FOR 6 ) AN EDUCATOR LICENSE Z 9 On December 21, 2012, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Angelo Victor Mercure (Mercure) in which the 11 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail 12 and U.S. Certified Mail Receipt 7011 2000 0001 1292 0066 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes of proving a 14 prima facie case. The Certified Mail receipt was returned, markcd “undeliverable unable t0 forward” 15 on December 26, 2012. The regular mail was also returned to the Commission. Extensive checks for 16 new or alternate addresses revealed no known alternate address. The Notice of Opportunity of 17 Hearing, dated December 21, 2012, and signed by Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l9 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR ‘ 20 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF ‘ 21 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 1 22 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 23 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” l 22 Mercure did not request a hearing. The Commission, therefore, finds Mercure to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Angelo Victor Mercure has been licensed by the Commission since April 18, 2011. Mercure’s 30 Initial Teaching License, with an endorsement in Language Arts (HS), was issued April 18, 2011, 31 and expired on October 18, 2012. On October 21, 2011, Mercure contacted Commission 32 investigators advising he wished to voluntarily surrender his teaching license prior to thc 33 completion of the Commission’s investigation. During all relevant times, Mercure was on the 34 substitute teacher list for the Sweet Home School District, but according to district record, was 35 never employed t0 teach any classes, and Mercure were removed from the substitute teacher list 36 on or about September 22, 2011. 37 2. On September 22, 2011, the Commission was notified by the Sweet Home School District that 38 Mercure hosted an explicit, pornographic website. Commission Investigators conducted an 39 investigation and verified the website in question. The Commission found Mercure’s website ClAcfi'E)1R—DEFAU|-T ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- MERCURE, ANGELO 1 “IronBamb00.c0m” to contain sexually explicit photographs. Mercure’s website was open to the 2 public and contained numerous references t0 his name and related copyrights. A “Google” 3 internet search 0f Mercure’s name quickly provided a direct link to Mercure’s Iron Bamboo site, 4 making potential student access and exposure virtually inevitable. During the course of the 5 investigation, Mercure informed the Commission Investigator that he elected to waive any 6 interviews and expressed the desire to surrender his teaching license. On October 21, 2011, the 7 Commission received a letter from Mercure with his surrendered teaching license attached. 8 CONCLUSIONS OF LAW 9 Mercure’s conduct described above establishes that Mercure does not possess good moral 10 character or mental and physical fitness as required to hold a license under ORS 342.143(2). This 1 1 conduct also constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b); OAR 584-020- 12 0040(2) (An applicant fails to meet the requirement of ORS 342.143 “good moral character” if the l3 applicant engages in gross neglect 0f duty, gross unfitness, in violation of section (4) of this rule or 14 other acts which are in violation of sections (1 ) and (3) of this rule); OAR 584-020-0040(4)(n) as it 15 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-001o(1) l6 (Recognize the worth and dignity of all persons and respect for each individual). 17 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 18 FINAL ORDER l9 The Commission hereby revokes Angelo Victor Mercure’s right to apply for an Educator 20 licensure. 21 IT IS SO ORDERED THIS .21 'M-day 0f June, 2013. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 By: __.____.— 24 Victoria Chamberlain, Executive Director 25 26 NOTICE OF APPEAL OR RIGHTS 27 28 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 29 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 3O THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 31 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- MERCURE, ANGELO VICTOR CERTIFICATE OF MAILING I l hereby certify that l 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: Angelo Victor Mercure i PO Box 792 i . Sweet Home, OR 97386-0792 l Dated this ,Q/ M day of June, 2013. ‘ By: 5 w? :l get/filaé/ Patty 'ddell Investigative Assistant i i PAGE 1- CERTIFICATE OF MAILING- MERCURE, ANGELO VICTOR i l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 431 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 ANGELO VICTOR MERCURE ) REVOCATION OF RIGHT TO APPLY FOR 6 ) AN EDUCATOR LICENSE Z 9 On December 21, 2012, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Angelo Victor Mercure (Mercure) in which the 11 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail 12 and U.S. Certified Mail Receipt 7011 2000 0001 1292 0066 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes of proving a 14 prima facie case. The Certified Mail receipt was returned, markcd “undeliverable unable t0 forward” 15 on December 26, 2012. The regular mail was also returned to the Commission. Extensive checks for 16 new or alternate addresses revealed no known alternate address. The Notice of Opportunity of 17 Hearing, dated December 21, 2012, and signed by Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l9 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR ‘ 20 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF ‘ 21 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE i 22 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 23 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” l 2L5 Mercure did not request a hearing. The Commission, therefore, finds Mercure to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Angelo Victor Mercure has been licensed by the Commission since April 18, 2011. Mercure’s 30 Initial Teaching License, with an endorsement in Language Arts (HS), was issued April 18, 2011, 31 and expired on October 18, 2012. On October 21, 2011, Mercure contacted Commission 32 investigators advising he wished to voluntarily surrender his teaching license prior to thc 33 completion of the Commission’s investigation. During all relevant times, Mercure was on the 34 substitute teacher list for the Sweet Home School District, but according to district record, was 35 never employed t0 teach any classes, and Mercure were removed from the substitute teacher list 36 on or about September 22, 2011. 37 2. On September 22, 2011, the Commission was notified by the Sweet Home School District that 38 Mercure hosted an explicit, pornographic website. Commission Investigators conducted an 39 investigation and verified the website in question. The Commission found Mercure’s website SIACG-IE)1R—DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- MERCURE, ANGELO 1 “IronBamb00.c0m” to contain sexually explicit photographs. Mercure’s website was open to the 2 public and contained numerous references t0 his name and related copyrights. A “Google” 3 internet search 0f Mercure’s name quickly provided a direct link to Mercure’s Iron Bamboo site, 4 making potential student access and exposure virtually inevitable. During the course of the 5 investigation, Mercure informed the Commission Investigator that he elected to waive any 6 interviews and expressed the desire to surrender his teaching license. On October 21, 2011, the 7 Commission received a letter from Mercure with his surrendered teaching license attached. 8 CONCLUSIONS OF LAW 9 Mercure’s conduct described above establishes that Mercure does not possess good moral 10 character or mental and physical fitness as required to hold a license under ORS 342.143(2). This 1 1 conduct also constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b); OAR 584-020- 12 0040(2) (An applicant fails to meet the requirement of ORS 342.143 “good moral character” if the l3 applicant engages in gross neglect of duty, gross unfitness, in violation of section (4) of this rule or 14 other acts which are in violation of sections (1 ) and (3) of this rule); OAR 584-020-0040(4)(n) as it 15 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-001o(1) l6 (Recognize the worth and dignity of all persons and respect for each individual). 17 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 18 FINAL ORDER l9 The Commission hereby revokes Angelo Victor Mercure’s right to apply for an Educator 20 licensure. 21 IT IS SO ORDERED THIS .21 'M-day 0f June, 2013. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 By: __.____.— 24 Victoria Chamberlain, Executive Director 25 26 NOTICE OF APPEAL OR RIGHTS 27 28 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 29 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 3O THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 31 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- MERCURE, ANGELO VICTOR CERTIFICATE OF MAILING I l hereby certify that l sewed 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: Angelo Victor Mercure i PO Box 792 i . Sweet Home, OR 97386-0792 l Dated this ,Q/ M day of June, 2013. , By: 3. w? :1 511/2112/ Patty 'ddell Investigative Assistant i i PAGE 1- CERTIFICATE OF MAILING- MERCURE, ANGELO VICTOR