1 BEFORE THE TEACHER STANDARDS AND PRACTICESCOMMISSION
' 2 OF THE STATE OF OREGON
3
4 In the Matter of the I
5 Teaching License of | DEFAULT ORDER
6 DAVID ALAN DAUGHERTY | REVOKING LICENSE
7 |
8
9
10 On March 15, 2001, the Teacher Standards and Practices Commission issued a Notice of
11 Opportunity for Hearing to David Alan Daugherty, in which the Commission proposed to
12 suspend or revoke the teaching license of David Daugherty or otherwise impose discipline under
13 ORS 342.177. The notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt
14 #7000 0600 0023 8497 0071. The certified mail receipt was signed and dated by David .
15 Daugherty on March 27, 2001, and returned to the Commission on March 30th. David Daugherty
16 did not request a hearing.
17
18 The Notice of Opportunity for Hearing, signed by David V. Myton, Executive Director, stated:
19 You, David Alan Daugherty, are entitled to a hearing on the proposed action of the
20 Commission. If you want a hearing, you must file a written request for a hearing with
21 the Commission within 21 days of the date of this notice. Attached to this notice is a
22 copy of the procedures, right of representation and other rights of parties relating to the
23 conduct of a hearing as required under ORS 342.4l3(2).
; 24
25 Based on the foregoing, the Commission finds David Daugherty in default and such default is
26 hereby entered. Based on the records and files of the Commission, the Commission enters the
27 following findings of fact and order.
28
29 FINDINGS OF FACT
30
31 1) In September and October 1998 and December 1999, Daugherty violated OAR 584-020- T.
32 0040(4)(n) as defined in OAR 584-020-0025(2)(e) by failing to obey the Medford School
33 District’s policy on tobacco (chewing tobacco) use in school.
34
35 2) In May 1999, Daugherty violated OAR 584-020-0040(4)(n) when he stood next to his car
36 and changed his clothes in the parking lot of South Medford High School. A female staff
37 member and female student observed this. On or about February 14, 2000, Daugherty
38 changed his clothes in his office while conversing with female student, AC.
39
40 3) During the 1999-2000 school year, Daugherty violated OAR 584-020-0040(4)(f) when a
41 female student, TB, told Medford Police that she heard Daugherty tell a group of male
42 students in class about the advantages of a woman humming while providing oral sex. TB,
43 stated that Daugherty referred to this as a “hummer”, he said that it felt better.
44
PAGE 1——DEFAULT ORDER—DAVID ALAN DAUGHERTY
n

' 1 4) Daugherty violated OAR 584-020-0040(4)(n) as defined in OAR 584-020-0030(2)(b) when
2 he told students to sit their “ass” down, get their “fat asses out of the chair” and used the
3 words “bitchy” and “fuck” in the classroom when communicating with students.
4
5 5) During the 1999-2000 school year, Daugherty violated OAR 584-020-0040(4)(f) by
6 engaging in sexual conduct with AC, a female student at South Medford High School on
7 various occasions by hugging her; placing his arm around her; approaching her from behind
8 and “poking her in the ribs” and touching her breasts with his thumbs,
9
10 6) On or about December 17, 1999, Daugherty violated OAR 584-020-0040(4)(o) as defined in
ll OAR 584-020-0035(3)(a) when he failed to be honest with the Assistant Principal about
12 chewing tobacco in his classroom; On or about March 2, 2000, when he failed to be honest
13 with Principal Rickert about changing his clothing in the classroom in front of AC and
14 hugging AC; On or about March 25, 2000, when he failed to be honest with Medford Police
15 Detectives about his conduct involving AC; In May 2000, when he failed to be honest with
16 Brian Strickland, a Medford Police Department Polygraph examiner about touching AC.
17
l 8
19 CONCLUSIONS OF LAW
20
21 David Daugherty’s actions constitute gross neglect of duty in violation of OAR 5 84-020-
22 0040(4)(1), (n) and (o).
23
"24 ORDER
25
26 The Commission revokes the Oregon Basic Teaching License #303326, issued to David
27 Daugherty, DOB 03-11-68, SSN 544-94-4976, for gross neglect of duty.
28
29 JV
30 Dated this // day ofMay 2001.
3 1
32 TEACHER STANDARDS AND PRACTICES COMMISSION
33
34
35 ‘
36 By
37 David V. Myton, Exe ive Director
38
39
40 NOTICE OF APPEAL OR RIGHTS
41
42 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICAL REVIEW
43 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
44 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
.45 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
46
PAGE 2—DEFAULT ORDERMDAVID ALAN DAUGHERTY

O 1
2

3 CERTIFICATE OF MAILING

4

5 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me

6 as such by regular U.S. First Class Mail and by U.S. Certified Mail—Return Receipt Requested

7 to:

8 ,

9 David Daugherty

10 7318 Cupio Street

11 Bakersfield CA 93313

1 2

> 1v

13 /Xr*/

14 Dated this day of May 2001.

1 5

16 , 7/ , . -

17 ' "-

/

B MW la/MMD B

19 W B

20 KW gsistant to the Commission

PAGE 3—DEFAULT ORDERQDAVID ALAN DAUGHERTY