BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER OF
5 Teaching License of ) REVOCATION OF
6 STEPHEN JOHN LUCERO ) RIGHT TO APPLY FOR LICENSURE
7
8 On May 13, 2004, the Teacher Standards and Practices Commission (Commission)
9 issued a Notice of Opportunity for Hearing to Stephen John Lucero (Lucero) in which the
10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S.
11 First Class Mail and U.S. Certified Mail Receipt 7003 2260 0000 8804 5917 to the address
12 Mr. Lucero provided to the Commission on his application for Iicensure. The certified mail
13 receipt was returned to the Commission unclaimed. The Notice of Opportunity of Hearing,
14 dated May 13, 2004, and signed by Victoria Chamberlain, Executive Director, stated:
15 "You, Stephen John Lucero, are entitled to a hearing on the proposed action of
16 the Commission. If you want a hearing, you must file a written request for a
7 hearing with the Commission within 21 days of the date of this notice. Attached
to this notice is a copy of the procedures, right of representation and other rights
9 of parties relating to the conduct of a hearing as required under ORS
20 183.413(2)."
21
22 Mr. Lucero did not request a hearing. The Commission, therefore, finds
23 Mr. Lucero to be in default and enters the following findings of fact, conclusions of law i
24 and order, based on the files and records of the Commission concerning this matter. :
25 FINDINGS OF FACT
26 1. The Commissin issued Mr. Lucero a Basic Teaching License with a Basic
27 Elementary Endorsement on December 11, 2000, that license expired November 15, 2003.
2X 2. Mr. Lucero began employment with Coos Bay Public Schools on August 29, 1994.
29 Mr. Lucero resigned his employment with the district in lieu of termination effective April 1, 2003.
30 3. Between 1999 and 2003, Mr. Lucero kissed NM, a female middle~school student,
31 touched her on the breast and encouraged her to wear miniskirts and tight or revealing clothing.
I PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE-LUCERO

1 4. Between 1999 and 2003, Mr. Lucero used profanity at school and during school

.2 sponsored activities.
3 5. Between 1999 and 2003, Mr. Lucero failed to recognize the worth and dignity of all
4 persons by giving preferential treatment to certain female students.
5 6. Between 1999 and 2003, Mr. Lucero placed students in head locks against their will,
6 hit and slapped students with towels and wrestled with students.
7 7. During the 2000-2001 basketball season Mr. Lucero took the girls basketball team
8 for a night swim in the lake at Tugman State Park after a game in Reedsport, Oregon.

. . 9 CONCLUSIONS OF LAW

10 Mr. Lucero’s sexual conduct, both verbal and physical, with NM constitutes violation of
11 OAR 584-020-0040(4)(f). By using profanity at school and during school sponsored events
12 Mr. Lucero failed to demonstrate a commitment to use professional judgment in violation of
3 OAR 584-020-0010(5) and engaged in sexual conduct of a verbal nature in violation of OAR

q 584-020-0040(4)(f). Mr. Lucero failed to demonstrate a commitment to recognize the worth and
15 dignity of all persons when he gave preferential treatment to certain female students in violation
16 of OAR 584-020-0010(1). Mr. Lucero violated OAR 584-020-0040(4)(d) by using unreasonable
17 physical force against students which included placing students in head lock positions, hitting,
18 slapping and wrestling with students. When Mr. Lucero took the girls basketball team for a night
19 swim the lake at Tugman State Park after a game in Reedsport, Oregon, he violated District

' ' 20 policy and again failed to demonstrate a commitment to use professional judgment in violation

21 of OAR 584-020-0010(5). This misconduct constitutes Gross Neglect of Duty. The
22 Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
23 ///
24 / //
25 ///

' PAGE 2 - DEFAULT ORDER OF REVOCATION 0F RIGHT TO APPLY FOR LlCENSURE-LUCERO

‘I ORDER
2 The Commission hereby revokes Stephen John Lucero’s right to apply for licensure. ‘
- 529*” f
3 IT IS SO ORDERED this day of July, 2004.
4 TEACHER STANDARDS AND PRACTICES COMMISSION
5 4 e
6 By: Mil/J _ m a 44A
7 ‘oria Chamb- IainbExecutive Director
x
9 NOTICE OF APPEAL OR RIGHTS
10
11 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
12 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE
13 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS
14 183.482 TO THE OREGON COURT OF APPEALS.
I PAGE 3 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE-LUCERO

.1 CERTIFICATE OF MAILING
‘ ' 3 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me

4 as such by regular US. mail and by U.S. Certified MaiI-—-Return Receipt Requested, addressed
5 to:
6
7 Stephen John Lucero
8 560 Exchange Street
9 North Bend OR 97459
10 V
11 Dated this M day of August 2004.
12
13 '
14
15 By: .
16 Mel dy Hamel, xecutive Assistant

’ PAGE 1 — CERTIFICATE OF MAILING - LUCERO