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 AND REVOCATION 6 BEASLEY, JOHN WILLIAM ) OF RIGHT TO APPLY 7 8 On May 29, 2014, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to John William Beasley , 10 (Beasley) in which the Commission charged him with Gross Neglect of Duty and Gross ‘ 11 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 12 7012 1010 0003 2804 4326 to the address on file with the Commission. The Notice 13 designated the Commission file as the record for purposes of proving a prima facie case. 14 The Certified Mail was returned to the commission, signed on June 4, 2014. The regular 15 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated 16 May 29, 2014, and signed by Victoria Chamberlain, Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED l9 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 Beasley did not request a hearing. The Commission, therefore, finds Beasley to be in 26 default and enters the following findings of fact, conclusions of law, and final order, 27 based on the files and records of the Commission concerning this matter. 28 29 FINDINGS OF FACT 30 1. John William Beasley has been licensed by the Commission since September 8, 31 2005. Beasley’s Initial II Teaching License, with an with endorsements in Health 32 Education (ML), Middle School Language Arts (ML), and Multiple Subjects 33 (MIDLVL), was issued on July 8, 2012, and expires on July 7, 2015. During all 34 relevant times, Beasley was employed by the Reynolds School District. 35 2. On February 20, 2014, Beasley pled no contest to and was convicted of two counts of i 36 Sodomy in the first degree, a class A felony (ORS 163.405). Sodomy in the First 37 Degree is a crime listed in ORS 342.143 and OAR 584-020'0040(1) for mandatory PAGE 1-DEFAULT ORDER 0F REVOCATION AND REVOCATION 0F RIGHT T0 APPLY- BEASLEY, JOHN WILLIAM 1 revocation of licensure or right t0 apply for licensure. Beasley was sentenced to three 2 hundred (300) months in prison, followed by a life time period of probation, and 3 required to register as a sex offender. ‘ 4 3. Beasley’s convictions arose from allegations that included Beasley engaging in sexual 5 activities with two minor children between September 18, 2011 and September 18, l 6 2013. Beasley’s sexual contact with these minor children resulted in criminal charges l 7 that included four counts of Sex Abuse in the First Degree, Sodomy in the First l 8 Degree, and Unlawful Sexual Penetration in the First Degree. 9 10 CONCLUSIONS OF LAW 11 Beasley’s convictions constitutes gross neglect of duty in violation of ORS 12 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 13 professional judgment); and OAR 584-o2o-oo4o(1)(i) (ORS 163.405 — Sodomy in the 14 First Degree). This conduct also constitutes gross unfitness in violation of ORS 15 342.175(1)(c); OAR 584-o2o-oo4o(5)(d) (Commission of an act listed in OAR 584-020- l 16 0040(1)), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 17 criminal conduct, even in the absence of a conviction). 18 . 19 Pursuant to ORS 342.175(3) and OAR 584-020-oo4o(1) the Teacher Standards 20 and Practices Commission must revoke Beasley’ s license and his right to apply for a 21 license based on Beasley’s conviction of any of the crime(s) listed in ORS 342.143(3)(a). ‘ 22 23 Furthermore, the conduct underlying Beasley’s indictments and conviction 24 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 25 oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 26 584-020-0040(4)(k).(knowing violation of any order or rule of the Commission); and 27 OAR 584-020-004o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D)(Honoring 28 appropriate adult boundaries with students in conduct and conversations at all times), 29 OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by respecting and 30 obeying the law, exemplifying personal integrity and honesty); and OAR 584-020- 31 oo4o(4)(f) (Any sexual conduct with a student). Additionally, Beasley’s convictions and 32 conduct related to his convictions constitute “gross unfitness” in violation of ORS cal-GLEAZJDEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY-v BEASLEY, JOHN 1 342.175(1)(c), OAR 584-020-0040(3)(a) and (d) as defined by OAR 584-020-0040 (5) 2 (“Gross unfitness is any conduct which renders an educator unqualified to perform his 3 or her professional responsibilities”). 4 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 John William Beasley’s educator license and i 9 revokes his right t0 apply for an pducator license. 10 IT IS so ORDERED THIS £3 day of July, 2014. 1 1 TEACHER STANDARDS AND PRACTICES COMMISSION l2 13 14 By: — 15 Victoria Chamberlain, Executive Director 16 l7 18 19 NOTICE OF APPEAL OR RIGHTS I 20 l 21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY ‘ 22 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE , 23 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF l 24 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- BEASLEY, JOHN WILLIAM I I 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—Retum Receipt Requested, addressed to: John William Beasley #20319188 c/o Snake River Correctional Institution 777 Stanton Blvd Ontario, OR 97914 Dated this g8 ' day of July, 2014. By: Patty del Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- BEASLEY, JOHN WILLIAM