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 AND REVOCATION

6 MICHAEL RAY OSBORNE ) OF RIGHT TO APPLY

7

8 On October 31, 2014, the Teacher Standards and Practices Commission

9 (Commission) issued a Notice of Opportunity for Hearing to Michael Ray Osborne
10 (Osborne) in which the Commission charged him with Gross Neglect of Duty and Gross
ll Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt
12 7014 0150 0000 1046 5048 to the address on file with the Commission. The Notice
13 designated the Commission file as the record for purposes of proving a prima facie case.
14 The Certified Mail receipt was returned signed to the Commission on November 6, 2014.
15 The First Class mail was not returned to the Commission. The Notice of Opportunity of
16 Hearing, dated October 31, 2014, and signed by Victoria Chamberlain, Executive
17 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 WAIV ED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
22 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 Osborne did not request a hearing. The Commission, therefore, finds Osborne to be in
27 default and enters the following findings of fact, conclusions of law, and final order,
28 based 0n the files and records of the Commission concerning this matter.
29
3O FINDINGS OF FACT
31 . 1. Michael Ray Osborne has been licensed by the Commission since July 12, 1991.
32 Osborne’s Standard Teaching License, with an endorsement in Standard Physical
33 Education (018), is valid from March 17, 2013, through March 16, 2018. During all
34 relevant times, Osborne was employed as a teacher at Madras High School in the
35 Jefferson County School District.
36 2. On December 12, 2013, Osborne was indicted 0n 14 counts 0f Sexual Abuse in the
37 Second Degree. On September 5, 2014, Osborne plead guilty to and was

PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY- MICHAEL RAY
OSBORNE

I
1 subsequently convicted in the Washington County Circuit Court of one count of Sex
l 2 Abuse in the Second Degree, ORS 163.425(1)(a), a class C felony, and one count of
i 3 Sexual Abuse in the Second Degree by a coach, ORS 163.425(1)(b)(C), a class C
l 4 felony. Osborne was sentenced to 72 months of incarceration in State Prison,
5 undergo sex offender evaluation and treatment, and register as a sex offender. Both
6 of these crimes are listed in ORS 342.143 and OAR 584-020-oo4o(1) for mandatory
7 revocation of licensure or right t0 apply for licensure.
8 3. Osborne’s convictions arose from allegations that included: Osborne engaged in
9 sexual relations with a female student that he coached; gave the student money;
10 communicated inappropriately with the student via text messages and voice mail;
1 l transported the student in his personal vehicle; cohabitated with the student in a
12 hotel room; and attended a coaching clinic with the student.
l3 CONCLUSIONS OF LAW
14 Osborne’s convictions constitutes gross neglect of duty in violation of ORS
15 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use
16 professional judgment) ; OAR 584-020-004o(1)(n) (ORS 163.425 — Sex Abuse in the
17 Second Degree). This conduct also constitutes gross unfitness in violation of ORS
18 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or
19 local law. A conviction includes any final judgment of conviction by a court whether as
20 the result of guilty plea, no contest plea or any other means), OAR 584-020-
21 oo40(5)(d) (Commission of an act listed in OAR 584-020-0040(1); and OAR 584-020-
22 0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in
23 the absence of a conviction). Pursuant to ORS 342.175(3) and OAR 584-020-0040(1)
24 the Teacher Standards and Practices Commission must revoke Osborne’s license and
25 Osborne’s right to apply for a license based on his conviction of any of the crimes listed
26 in ORS 342.143(3)(a), or the substantial equivalent of any of those crimes.
27
28 Furthermore, the conduct underlying Osborne’s indictments and conviction
29 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- ,
30 oo40(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR i
31 584-020-0040(4)(k)( Violation of any rule or order of the Commission); OAR 584-
ggggéfllEEFAULT ORDER 0F REVOCATION AND REVOCATION OF RIGHT TO APPLY- MICHAEL RAY

1 020-0040(4)(f) (Any sexual conduct with a student) as defined by OAR 584-020-
2 0005(5); and OAR 584-020-oo4o(4)(0) as it incorporates OAR 584-020-
3 0035(3)(a)(Maintain the dignity 0f the profession by respecting and obeying the law,
4 exemplifying personal integrity and honesty). Additionally, Osborne’s convictions and
5 conduct related to his convictions constitute “gross unfitness” in violation of ORS
6 342.175(1)(c); OAR 584-020-0040(3)(a) and (d) as defined by OAR 584-020-0040 (5)
7 (“Gross unfitness is any conduct which renders an educator unqualified to perform his
8 or her professional responsibilities”).
9
10 The Commission’s authority to impose discipline in this matter is based upon ORS
11 342.175.
12 FINAL ORDER
l3 The Commission hereby revokes Michael Ray Osborne’s educator license and
14 revokes his right to apply for an educator license.
15 IT IS SO ORDERED THIS nngifllday of January, 2015.
16 TEACHER STANDARDS AND PRACTICES COMMISSION
17
18
19 By: _
20 Victoria Chamberlain, Executive Director
21
22
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
27 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
28 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
29 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY? MICHAEL RAY
OSBORNE

CERTIFICATE OF MAILING
I 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 Ray Osborne #20410008
c/o Eastern Oregon Correctional Institution
2500 Westgate
Pendleton, OR 97801-9699
Dated this 026 ’ day of January, 2015.
By: r V
Patty dell
Investigative Assistant
i a
PAGE 1- CERTIFICATE OF MAILING— MICHAEL RAY OSBORNE