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 MICHAEL DALE VAN LOON ) TO APPLY

7

1 8 On September 16, 2014, the Teacher Standards and Practices Commission
l 9 (Commission) issued a Notice of Opportunity for Hearing to Michael Dale Van Loon
H) (Van Loon) in which the Commission charged him with Gross Neglect of Duty and Gross
1 l Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt
12 7012 1010 0003 2804 4777 to the address on file with the Commission. The Notice
1 3 designated the Commission file as the record for purposes of proving a prima facie case.
14 The Certified Mail receipt was returned to the Commission “signed” on September 26,
15 2014. The first class mail was not returned to the Commission. The Notice of
1 o Opportunity of Hearing, dated September 16, 2014, and signed by Victoria Chamberlain,
17 Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
Bl REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
32 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR _
24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE."
25
26 Van Loon did not request a hearing. The Commission, therefore, finds Van Loon 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.
2K) FINDINGS OF FACT
3"] 1, Michael Van Loon has never been licensed by the Commission. On September 6,
3 l 2013, Van Loon made application for student teaching by submitting his PA-l
3 2 application package.
33 2. On December 4, 2013, the Commission internally referred Van Loon’s application to
34 investigations based on background history checks. On Van Loon’s PA-l application,
35 Van Loon answered affirmatively to character questions 8, 9, and 10 and provided
3 o written explanations t0 his “yes” answers. An investigation was conducted by
37 Commission staff, which included review of Van Loon’s criminal history, arrest
PAGE ‘I-DEFAULT ORDER OF REVOCATION 0F RIGHT TO APPLY - MICHAEL DALE VAN LOON

1 history, police contact history, related police reports, and Van Loon’s explanations
2 provided in writing and during Van L00n’s interview.
3 3. Van L00n’s contact with the criminal justice system is extensive. The following is a
4 list of Van Loon’s law enforcement encounters in chronological order:
5 ~ 8/20/2005 — Minor in Possession of Liquor — Violation — Convicted
6 0 2/ 16/2010 — Driving while Under the Influence of Intoxicants — Misdemeanor —
7 Dismissed by diversion
8 o 5/20/2010 — Criminal Driving — Suspended/ Revoked License — Misdemeanor ~
9 Convicted
10 o 8/ 19/2010 — Report of animal abuse / Dog at large — witness reported you were
1 1 seen striking your dog. No Disposition
1 Z 0 1/ 3/ 2011- Harassment — Misdemeanor — Convicted (N0 probation Conditions),
1 3 Assault 4th degree — Misdemeanor — Dismissed, Disorderly Conduct 2nd degree -—
14 Misdemeanor — Dismissed
1 15 o 1/29 / 2011- Driving While Suspended — Violation
, 16 o 3/ 3/ 2011- Tampering with a witness — Felony — Dismissed, Harassment —
‘ 1 7 Misdemeanor- not filed, Improper use of 911- Misdemeanor — Convicted
i 18 a 7/ 10 / 2011- Probation Violation — Driving while Suspended — Misdemeanor —
1'9 Dismissed
20 o 11/xx/ 2011- DUII, Reckless Endangering- Misdemeanors (Self-reported, no
21 disposition on file)
22 0 11 / 19/ 2011- Harassment 2 counts — Misdemeanor — Convicted, (18mo probation
23 5 days Jail), Assault 4th degree- Misdemeanor — Dismissed, Theft of Services —
24 Misdemeanor — Dismissed
25 o 11 / 04/ 2012- Unlawful Possession of Cocaine-Felony ~ No complaint filed,
26 Harassment — Convicted
27 Review of the above encounters, combined with Van Loon’s written and verbal
28 explanations of the incidents indicate a pattern of alcohol/ substance abuse, anger
31) management issues, and physical violence. During Van L00n’s interview with staff ‘
3') investigators, Van Loon indicated he had undergone a drug and alcohol evaluation along
3 1 with counseling and ongoing treatment programs. Van Loon also advised that he
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MICHAEL DALE VAN LOON

1 possessed court documents related to several of the events listed above. At the request of
2 the commission investigator, Van Loon agreed to provide these documents and
3 documents related to Van Loon’s treatment, evaluation and counseling. Multiple
; 4 requests have been made of Van Loon, but Van Loon has failed t0 provide any of these
I 5 materials to the Commission for review and consideration.
1
i 6 CONCLUSIONS OF LAW
i 7 Van Loon’s conduct described above constitutes gross neglect of duty violation of
8 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5)
9 (Use professional judgment); OAR 584-020-004o(4)(o) as it incorporates OAR 584—
1 i) 020'0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the
1 I law, exemplifying personal integrity and honesty). Your conduct and convictions also
I 2 constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c)
13 (Conviction of violating any federal, state, or local law. A conviction includes any final
14 judgment of conviction by a court whether as the result of guilty plea, no contest plea
15 or any other means); and OAR 584-020-0040(5)(e) (Admission of or engaging in acts
16 constituting criminal conduct, even in the absence of a conviction).
I 7 Van Loon’s conduct also constitutes gross neglect of duty in violation of ORS
I 8 342.175(1)(b); OAR 584-020-0040(4)(p) (Subject t0 the exercise of any legal right or
19 privilege, failure or refusal by an educator under investigation to respond t0 requests
2t) for information, to fizrnish documents or to participate in interviews with a
21 Commission representative relating t0 a Commission investigation).
22 Furthermore, Van Loon’s conduct described above establishes that Van Loon
2*» does not possess good moral character or mental and physical fitness as required to hold
24 a license under ORS 342.143(2).
25 The Commission's authority to impose discipline in this matter is based upon ORS
26 342.175.
27 FINAL ORDER
28 The Commission hereby revokes Michael Dale Van Loon’s right to apply for
29 licensure. . ‘
30 IT IS SO ORDERED THIS iii/l day of October, 2014. i
PAGE 3~DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MICHAEL DALE VAN LOON

I TEACHER STANDARDS AND PRACTICES COMMISSION
2
3
4 By: __—_—___
5 Victoria Chamberlain, Executive Director
(J
7
S
9 NOTICE OF APPEAL OR RIGHTS
10
1 1 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
1'2 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE
1 i SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
14 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MICHAEL DALE VAN LOON

CERTIFICATE OF MAILING
| 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-Return Receipt Requested, addressed to:
Michael Dale Van Loon
PO Box 2855
Winston, OR 97496-2855
Dated this 55/ ‘d day of October, 2014.
By: " I
Patty d
Investigative Assistant
i
I
PAGE ‘1— CERTIFICATE OF MAILING— MICHAEL DALE VAN LOON