1 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 ) OF RIGHT
7 JACOB VIZCARRA ) TO APPLY FOR LICENSURE
8
9
10 On August 16, 2017, the Teacher Standards and Practices Commission
11 (Commission) issued a Notice of Opportunity for Hearing t0 Jacob Vizcarra (Vizcarra)
12 in which the Commission charged him with Gross Neglect of Duty and Gross Unﬁtness.
13 The Notice was sent via U.S. First Class Mail and U.S. Certiﬁed Mail Receipt 7016 1370
14 0000 0901 8887 to the address on ﬁle with the Commission. The Notice designated the
15 Commission ﬁle as the record for purposes 0f proving a prima facie case. The Certiﬁed
16 Mail was returned to the Commission signed on August 21, 2017. The regular ﬁrst class
17 mail was not returned t0 the Commission and is assumed delivered. The Notice of
18 Opportunity for Hearing, dated August 16, 2017, and signed by Trent Danowski, Co-
19 Interim Executive Director, stated:
20 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
21 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
22 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
23 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
24 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
25 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
26 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
27
28 Vizcarra did not request a hearing. The Commission, therefore, ﬁnds Vizcarra to be in
29 default and enters the following ﬁndings of fact, conclusions of law, and ﬁnal order,
30 based on the ﬁles and records of the Commission concerning this matter.
31 t
32 FINDINGS OF FACT
33 1. Jacob Vizcarra has been licensed by the Commission since August 18, 2015. Vizcarra
34 held an Initial I Teaching License, with an endorsement in Music (PK-12), which was
35 valid from August 18, 2015, through February 18, 2017. During all relevant times,
36 Vizcarra was employed by the Rouge River School District.
. 37
PAGE 1-DEFAULT ORDER 0F REVOCATION AND REVOCATION OF RIGHT T0 APPLY - JACOB VIZCARRA

1 2. On June 2o, 2016, the Commission received documents from the Jackson County
2 Sheriffs Ofﬁce related to their investigation of Vizcarra. On July 19, 2016, the
3 Commission received a report from the Rouge River School District reporting
4 professional misconduct on the part of Vizcarra. Both reports indicated Vizcarra had
5 engaged in a sexual relationship with a student. Investigation determined that on
6 July 7, 2016, the Jackson County Grand Jury charged Vizcarra with three felony
7 counts of Sexual Abuse in the Second Degree for having sexual intercourse with a
8 person under the age 0f eighteen and one misdemeanor count of Ofﬁcial Misconduct
9 in the First Degree.
lO
11 3. According to court records, on May 11, 2017, the Jackson County Circuit Court
12 accepted Vizcarra’s guilty plea and subsequently convicted Vizcarra of the following
13 offenses: ORS 162.415, Ofﬁcial Misconduct in the First Degree, a class A
14 misdemeanor, and one count of ORS 163.425 Sexual Abuse in the Second Degree, a
15 Class C Felony. Vizcarra was sentenced in part, t0 30 days in jail, 2 years 0f
16 probation supervision, submit to a sex offender evaluation, and surrender his
17 Teacher’s License.
18
19 4. Vizcarra’s criminal charges and subsequent conviction arose from allegations that
20 between March 5, 2016 and April 21, 2016, VizcarTa engaged in a sexual relationship
21 with SM, a seventeen year-old student.
22 CONCLUSIONS OF LAW
23 Jacob Vizcarra’s criminal convictions constitute gross neglect of duty in violation
24 of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-
25 0010(5) (Use professional judgment); and OAR 584-020-0040(1) (The Commission
26 will deny, revoke or deny the right to apply for a license or charter school registration
27 to any applicant or educator who, has been convicted of any of the crimes listed in ORS
28 342.143, or the substantial equivalent of any of those crimes if convicted in another
29 jurisdiction), including OAR 584-020-0040(1)(n) (ORS 163.425 —Sex Abuse in the
3O Second Degree). This conduct also constitutes gross unﬁtness in ORS 342.175(1)(c);
31 OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local law. A
PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - JACOB VIZCARRA

1 conviction includes any ﬁnal judgment of conviction by a court whether as the result of
2 guilty plea, no contest plea or any other means); OAR 584-020-0040(5)(d)
3 (Commission of an act listed in OAR 584-020-0040(1)); and OAR 584-o2o-oo4o(5)(e)
4 (Admission of or engaging in acts constituting criminal conduct, even in the absence 0f
5 a conviction).
6
7 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards
8 and Practices Commission must revoke Vizcarra’s license and Vizcarra’s right to apply
9 for a license based 0n conviction 0f any of the crimes listed in ORS 342.143(3)(a), or the
10 substantial equivalent of any of those crimes.
l l
12 Furthermore, the conduct underlying Vizcarra’s indictments and convictions
13 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
14 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR
15 584-020-0040(4)(k)( Violation of any rule or order of the Commission); OAR 584-
16 020-0040(4)(f) (Any sexual conduct with a student) as deﬁned by OAR 584-020-
17 0005(5); OAR 584-020-oo4o(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D)
18 (Honoring appropriate adult boundaries with students in conduct and conversations
19 at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by
20 respecting and obeying the law, exemplifying personal integrity and honesty).
21 Additionally, your conviction and conduct related to your conviction constitute “gross
22 unﬁtness” in violation of ORS 342.175(1)(0); OAR 584-o2o-oo4o(3)(c) and (d) as
23 deﬁned by OAR 584-020-0040 (5) (Gross unﬁtness is any conduct which renders an
24 educator unqualiﬁed to perform his or her professional responsibilities).
25
26 The Commission’s authority to impose discipline in this matter is based upon ORS
27 342.175.
28 ////
29 ////
30 ////
31 ////
32 ////
PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT To APPLY- JACOB VIZCARRA

1 FINAL ORDER

2 The Commission hereby revokes Jacob Vizcarra’s teaching license and his right to

3 apply for licensure.

4 IT IS so ORDERED THIS Matty of October, 2017.

5 TEACHER STANDARDS AND PRACTICES COMMISSION

6

7

8 By:

9 Trent Danowski, Co-Interim Executive Director
10
l l
12
13 NOTICE OF APPEAL OR RIGHTS
14
15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
16 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE
17 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
18 ORS 183.482 TO THE OREGON COURT OF APPEALS.

PAGE 4-DEFAULT ORDER OF REVOCATION AND REVOCATION 0F RIGHT TO APPLY - JACOB VlZCARRA