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 AND

6 JEFFREY R. ZUNDEL ) REVOCATION OF RIGHT TO APPLY

7

8

9 On December 19, 2017, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice of Opportunity for Hearing t0 Jeffrey R. Zundel (Zundel) in
11 which the Commission charged him with Gross Neglect of Duty and Gross Unﬁtness. The
12 Notice was sent via U.S. First Class Mail and U.S. Certiﬁed Mail Receipt 7016 3010 0000
13 5718 9060 t0 the address 0n ﬁle with the Commission. The Notice designated the
14 Commission ﬁle as the record for purposes of proving a prima facie case. The Certiﬁed Mail
15 receipt was not returned to the Commission, The ﬁrst class mail was not returned t0 the
l6 Commission and presumed delivered. The Notice 0f Opportunity of Hearing, dated
l7 December 19, 2017, and signed by Trent Danowski, C0-Interim Executive Director, stated:
l8 “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
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 On January 11, 2018, Zundel’s attorney sent an email to Commission staff indicating that
27 Zundel would not be requesting a hearing. The Commission, therefore, ﬁnds Zundel t0 be in
28 default and enters the following ﬁndings of fact, conclusions 0f law, and ﬁnal order, based
29 on the ﬁles and records of the Commission concerning this matter.
3O FINDINGS OF FACT
31 1. Zundel has been licensed by the Commission since June 26, 1986. Zundel holds a
32 Standard Teaching License, with endorsements in Social Studies (PK-12) and
33 English Language Arts (PK-12), valid from September 21, 2015, through October
34 6, 2020. During all relevant times, Zundel was employed by the Central Point
35 School District.
36 2. On October 27, 2015, the Commission became aware that Zundel had been
37 arrested on October 26, 2015, and was being charged with criminal conduct, and

PAGE 1—DEFAULT ORDER OF REVOCATION- JEFFREY ZUNDEL

1 a Commission investigation was immediately opened. On December 7, 2015, the
2 Commission received a report from the Central Point School District indicating
3 Zundel was the subject of an investigation related to the earlier reported criminal
4 activity, including sexual conduct with a student. On December 7, 2015, the
5 Commission also received a patron complaint from the student victim’s parent
6 alleging professional misconduct on Zundel’s part related to the criminal charges
7 of October 26, 2015.
8 3. Subsequent investigations by the school district, law enforcement, and the
9 Commission determined that between February 2015 and May 2015, Zundel
10 engaged in a romantic relationship with a minor aged female student. Zundel’s
11 conduct included the following: romantic phone calls and texting with the
12 student; purchasing the student gifts, meeting the student off campus on multiple
13 occasions; kissing and hugging the student on and off school property, and
14 engaging in sexual activities to include sexual intercourse on multiple occasions.
15 Zundel’s sexual conduct with the student occurred in multiple locations, ,
16 including in Zundel’s vehicle, at Zundel’s residence, and at least one time in
17 Zundel’s classroom closet.
18 4. On November 5, 2015, Zundel was charged by the Jackson County Grand Jury
19 with eleven felony counts of Sexual Abuse in the Second Degree (ORS 163.425)
20 for having sexual intercourse or deviant sexual intercourse with a person under
21 the age of eighteen and one misdemeanor count of Sexual Abuse in the Third
22 Degree for sexual contact with a person under the age of eighteen (ORSl63.415).
23 On August 25, 2017, as part of a plea agreement, Zundel was convicted of two
24 counts of Sexual Abuse in the Second Degree (ORSl63.425). Zundel was
25 sentenced in part, to 5 years of supervised probation, 180/90 jail custody units
26 held in reserve, required t0 register as a sex offender, and required to surrender
27 his teaching license.
28 CONCLUSIONS OF LAW
29 Jeffrey Zundel’s criminal convictions constitute gross neglect of duty in violation of
30 ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5)
31 (Use professional judgment); and OAR 584-020-0040(1) (The Commission will deny,
PAGE 2-DEFAULT ORDER OF REVOCATION- JEFFREY ZUNDEL

1 revoke or deny the right to apply for a license or charter school registration to any
2 applicant or educator who, has been convicted of any of the crimes listed in ORS 342.143,
3 or the substantial equivalent of any of those crimes if convicted in another jurisdiction),
4 including ORS 163.425 — Sexual Abuse in the Second Degree. This conduct also constitutes
5 gross unﬁtness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of
6 violating any federal, state, or local law. A conviction includes any ﬁnal judgment of
7 conviction by a court whether as the result of guilty plea, no contest plea or any other
8 means); OAR 584-020-0040(5)(d) (Commission of an act listed in OAR 584-020-0040(1));
9 and OAR 584-o2o-oo4o(5)(e) (Admission of or engaging in acts constituting criminal
10 conduct, even in the absence of a conviction).
ll
12 Pursuant to ORS 342.175(3) and OAR 584-020-oo4o(1) the Teacher Standards and
13 Practices Commission must revoke Zundel’s license and / or Zundel’s right to apply for a
14 license based on conviction of any of the crimes listed in ORS 342.143(3)(a), or the
15 substantial equivalent of any of those crimes.
16
17 Furthermore, the conduct underlying Zundel’s indictments and convictions
18 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
19 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR
20 584-020-oo4o(4)(k)( Violation of any rule or order of the Commission); OAR 584-020—
21 oo4o(4)(f) (Any sexual conduct with a student) as deﬁned by OAR 584-o2o-ooo5(5); OAR
22 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(B) (Not accepting or
23 giving or exchanging romantic or overly personal gifts or notes with a student), OAR 584-
24 o2o-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and
25 conversations at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the
26 profession by respecting and obeying the law, exemplifying personal integrity and
27 honesty). Additionally, your criminal convictions and conduct related to your convictions
28 constitute “gross unﬁtness” in violation of ORS 342.175(1)(c); OAR 584-o2o-oo4o(3)(c) and
29 (d) as deﬁned by OAR 584-020-0040 (5) (Gross unﬁtness is any conduct which renders an
30 educator unqualified to perform his or her professional responsibilities).
31
32
PAGE 3-DEFAULT ORDER 0F REVOCATION- JEFFREY ZUNDEL

l The Commission’s authority to impose discipline in this matter is based upon ORS
2 342.175.
3 FINAL ORDER
4 The Commission hereby revokes Jeffrey R. Zundel’s Oregon educator license and
5 revokes Zundel’s right to apply for an Oregon educator license.~
6 7 L ~Ht
7 IT IS SO ORDERED THIS r day of January, 2018.
8
9 TEACHER STANDARDS AND PRACTICES COMMISSION
10
1 1 By: ‘ a % %
12 Dr. Anthony Rosilez, Executive Director
13
l4 NOTICE OF APPEAL OR RIGHTS
15
l6 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
l7 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM
18 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
l9 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4-DEFAULT ORDER OF REVOCATION- JEFFREY ZUNDEL