l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF RIGHT j 6 LESTER WRIGHT MCCORMICK ) TO APPLY FOR LICENSURE ‘ 7 8 9 On January 3, 2017, the Teacher Standards and Practices Commission (Commission) issued 10 a Notice of Opportunity for Hearing to Lester Wright McCormick (McCormick) in which the l 1 Commission charged him with Gross Neglect 0f Duty and Gross Unfitness. The Notice was sent via 12 U.S. First Class Mail and U.S. Certified Mail Receipt 7016 0750 0000 2419 0709 to the address on 13 file with the Commission. The Notice designated the Commission file as the record for purposes of l4 proving a prima facie case. The Certified Mail receipt was returned signed to the Commission on 15 January 23, 2017. The first class mail was not returned t0 the Commission and presumed delivered. l6 The Notice of Opportunity for Hearing, dated January 3, 2017, and signed by Monica Beane, l7 Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 19 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 - 22 COMMISSION \NILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 23 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 24 25 McCormick did not request a hearing. On January 18, 2017, the Commission received a fax 26 from McCormick’s attorney, David Leroy, advising that McCormick elected not to have a hearing and 27 was permitting the revocation of his right t0 apply for licensure without admitting t0 Gross Neglect 28 of Duty 0r Goss Unfitness. The Commission, therefore, finds McCormick t0 be in default and enters 29 the following findings of fact, conclusions 0f law, and final order, based on the files and records of 30 the Commission concerning this matter. > 31 32 FINDINGS OF FACT 33 1. McCormick has been licensed by the Commission since June 23, 1999. McCormick held an 34 Initial Administrator License, with an endorsement in Administrator (ALL LVL), valid from 35 June 30, 2013, through June 29, 2016. McCormick did not make application for renewal. 36 During all relevant times, McCormick was employed by the Council School District in Idaho. 37 2. On November 23, 2015, the Commission received a complaint indicating McCormick may 38 have committed acts which constitute gross neglect of duty, specifically, the use of falsified 39 credentials in his application to the Montana Office of Public Instruction (OPI) for a “Class PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LlCENSURE- LESTER WRIGHT MCCORMICK l 5” administrator license. McCormick’s application for a Montana Class 5 license was denied. 2 On May 13, 2016, the State of Montana OPI revoked McCormick’s Class 1 (Teaching) and 3 Class 3 (Principal) licenses for Immoral Conduct based on McCormick’s fraudulent 4 application. Investigation determined that McCormick had presented, as part of his 5 application for the Montana Class 5 licensure, a forged recommendation letter purporting to 6 have come from Lewis and Clark College. 7 8 CONCLUSIONS OF LAW 9 Lester Wright McCormick engaged in unprofessional conduct as described in section two (2) 10 above. McCormick’s conduct constitutes gross neglect 0f duty in violation of ORS 342.175(1)(b); l I OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); 12 OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the l3 profession by respecting and obeying the law, exemplifying personal integrity and honesty); and 14 OAR 584-020-0040(4)(c) (Falsification of any document or knowing misrepresentation directly 15 related to licensure, employment, or professional duties). The above conduct also constitutes gross ‘ 16 unfitness in violation of ORS 342-175(1)(c); OAR 584-020-0040(5)(a) (Revocation, suspension or 17 denial of a license by another state for reasons and through procedures that are the same as, or l8 substantially equivalent to, those permitting similar action in Oregon), and OAR 584-020- 19 0040(5)(b)(Fraud or misrepresentation). 20 21 The Commission’s authority t0 impose discipline in this matter is based upon ORS 342.175. 22 23 FINAL ORDER 24 The Commission hereby revokes Lester Wright McCormick’s right to apply for licensure in 25 Oregon. .HA 26 IT IS SO ORDERED THIS i day of February, 2017. 27 TEACHER STANDARDS AND PRACTICES COMMISSION 28 0 I 29 By: 7 a 7M % w 30 Dr. Monica Beane, Executive Director 31 32 PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LICENSURE- LESTER WRIGHT MCCORMICK 1 NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 5 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 6 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LICENSURE- LESTER WRIGHT MCCORMICK CERTIFICATE OF MAILING I hereby certify that I served the foregoing Default Order of Revocation 0f Right to Apply for Licensure, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed t0: Lester Wright McCormick PO Box 198 Council, ID 83612 Dated this 02.7 ' day of February, 2017. By: Pa eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— LESTER WRIGHT MCCORMICK