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 Teaching License of ) REVOCATION OF OREGON 6 TOM JOSEF CALLISON ) TEACHING LICENSE 7 8 On March 26, 2009, the Teacher Standards and Practices Commission (Commission) issued a 9 Notice of Opportunity for Hearing to Tom Josef Callison (Callison) in which the Commission charged 10 him with misconduct under ORS 342.175. The Notice was sent via U.S. First Class Mail and U.S. 11 Certified Mail Receipt 7008 1140 0002 8580 9133 to the address on file with the Commission. The 12 Notice of Opportunity of Hearing, dated March 26, 2009, and signed by Victoria Chamberlain, 13 Executive Director, stated: 14 "You, Tom Josef Callison, are entitled to a hearing on the proposed action of the 15 Commission. If you want a hearing, you must file a written request for a hearing with 16 the Commission within 21 days of the date of this notice. Attached to this notice is a l7 copy of the procedures, right of representation and other rights of parties relating to the 18 conduct of a hearing as required under ORS 183.413(2)." l9 20 The Certified Mail receipt shows that Callison received the notice on April 4, 2009. Mr. Callison 21 did not request a hearing. The Commission, therefore, finds Mr. Callison to be in default and 22 enters the following findings of fact, conclusions of law and order, based on the files and 23 records of the Commission concerning this matter. 24 FINDINGS 0F FACT 25 1. During the period of September 2 through December 10, 2008, while working as a teacher in the 26 YamhilI-Carlton School District, Tom Callison, on more than one occasion: 27 a. Used profanity, often with a raised voice, either directed towards a particular student or in 28 response to incidents that occurred while Mr. Callison was teaching a class. This included 29 words such as “fuck”, “mother fucker", “shithead”, and “bullshit.” Mr. Callison continued to 30 engage in this behavior after receiving a written reprimand and being put on a “Plan of PAGE 1 — DEFAULT ORDER OF REVOCATION OF LICENSE — CALLISON, TOM JOSEF 1 Assistance for Improvement" by the Yamhill-Carlton School District superintendent and being 2 placed on a two day unpaid administrative leave. 3 b. Used a derogatory name towards a male student. Mr. Callison called the male student 4 “Plumpbelly”, a distortion of his last name, in the classroom. 5 c. Used physical proximity to intimidate students in your classroom. Mr. Callison stood very 6 close to a student in his classroom and uttered a profanity in a loud voice, and thumped at 7 least one student on the chest with the back of his hand. 8 2. During the period of September 2 through December 10, 2008, Mr. Callison frequently used profanity 9 and other forms of intimidation towards students during his classroom teaching, as described above. 10 Mr. Callison admitted to using profanity on occasion when responding to students who demonstrated 11 what he considered to be unsafe or off task behavior. Mr. Callison continued this conduct even after 12 receiving a written reprimand and being placed on administrative leave by the school district. 13 CONCLUSIONS OF LAW 14 Callison used profanity, intimidation and derogatory nicknames. This conduct constitutes 15 gross neglect of duty in violation of OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) 16 (Recognizing the worth and dignity of all persons and showing respect for each individual). Callison’s 17 use of profanity and intimidation in the classroom and your continued use of this conduct after being 18 disciplined by your principal constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 19 584-020-0040(4)(n) as it incorporates OAR 584-020-0015(2)(e) (Skill in the selection and use of 20 teaching techniques conducive to student learning). The Commission‘s authority to impose discipline 21 in this matter is based upon ORS 342.175. 22 /// 23 /// 24 /// , 25 /// PAGE 2 - DEFAULT ORDER OF REVOCATION OF LICENSE — CALLISON, TOM JOSEF 1 ORDER 2 The Commission adopts and incorporates herein the above findings of facts and conclusions 3 of law, and based thereon, hereby revokes the Three Year Career and Technical Teaching License of 4 Tom Josef Callison. 5 IT IS SO ORDERED this w day of May, 2009. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 , 8 By: 4% 9 ictoria Cha ' , Executive Director 10 11 NOTICE OF APPEAL OR RIGHTS 12 13 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 14 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 15 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 16 OREGON COURT OF APPEALS. PAGE 3 — DEFAULT ORDER OF REVOCATION OF LICENSE — CALLISON, TOM JOSEF 1 CERTIFICATE OF MAILING 2 3 4 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 5 as such by U.S. First Class Mail to the Attorney of record for Tom Josef Callison: 6 7 8 Candice A. Rutter 9 Attorney at Law 10 Law Offices of Michael Tedesco 11 14183 Taylor's Crest Lane 12 Lake Oswego OR 97034 13 15 Dated this day of June, 2009. _ 16 17 . » l8 19 By: 20 Melody H son, Exec Assistant PAGE 1 — CERTIFICATE 0F MAILING — CALLISON, TOM JOSEF