1 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 0f ) REVOCATION OF 6 PETER PAUL LUCAS ) LICENSURE 7 8 9 On August 26, 2016, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Peter Paul Lucas (Lucas) in which the 11 Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 3010 0002 3171 1132 to l3 the address on file with the Commission. The Notice designated the Commission file as the 14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned 15 signed to the Commission. The first class mail was not returned to the Commission. The 16 Notice 0f Opportunity of Hearing, dated August 26, 2016, and signed by Dr. Monica Beane, l7 Executive 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 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 Lucas did not request a hearing. The Commission, therefore, finds Lucas to be in default and 27 enters the following findings of fact, conclusions of law, and final order, based on the files 28 and records of the Commission concerning this matter. 29 30 FINDINGS 0F FACT 31 1. Lucas been licensed as a teacher in Oregon since August 28, 1980. Lucas currently holds 32 a Standard Teaching License, with an endorsement in Standard Physical Education 33 (018), valid September 19, 2012, through September 18, 2017. During all relevant times, 34 Lucas was employed by the Klamath County School District. 35 36 2. On March 23, 2015, the Commission received a report from the superintendent 0f 37 Klamath County School District alleging that Lucas had committed one or more PAGE 1-DEFAULT ORDER 0F REVOCATION OF LICENSURE- PETER PAUL LUCAS 1 designated acts of gross neglect or gross unfitness for duty by directing students t0 ‘dog 2 pile’ on a student. While the student was in the dog pile, Lucas put his shoe in the face of 3 the student and told the student the student to, ‘smell the dog shit’ on Lucas’ foot. 4 5 3. On April 1, 2015, Lucas was arrested. On April 15, 2015, Lucas plead not guilty to two 6 counts 0f Official Misconduct in the First Degree and one count of Harassment. The 7 conduct that lead to Lucas’ arrest, charges, and ultimately a diversion agreement 8 included the following: On or about March 6, 2015, Lucas encouraged a group of 9 students to “dog pile” 0n another student (EJ) who was unable t0 complete his required 10 laps around the track. Students who dogpiled on EJ reportedly also pulled EJ’s 11 underwear upwards, and one student placed his crotch on 0r near EJ’s face. Towards the 12 end of the dog-pile, Lucas approached the pile, placed his foot near EJ’s face and stated 13 something to the effect of “Here, smell my shoe, I just stepped in dog shit”. l4 15 4. On April 22, 2015, Lucas resigned his employment from the Klamath County School 16 District. 17 5. On March 14, 2016, Lucas signed a diversion agreement with the District Attorney’s 18 Office. The conditions set prior t0 diversion included a $200 pre-payment of diversion l9 fees; a waiver of rights; the destruction of all evidence; and admissions of guilt (pleas of 20 no contest to all charges). The conditions set during diversion included payment of 21 diversion fees; forty hours of community service; anger management treatment; n0 22 contact with victim; no entry to Mazama High School; restitution; provide a written 23 apology to the student and his family; and if requested, a personal apology. Also, as part 24 of the diversion agreement was a condition for Lucas t0 forever relinquish his current 25 TSPC license(s) and not to apply for any TSPC license(s) in the future. 26 CONCLUSIONS OF LAW 27 Lucas’s conduct described above constitutes gross neglect 0f duty in in violation 0f 28 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(1) 29 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 30 o2o-oo1o(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE- PETER PAUL LUCAS 1 OAR 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting and 2 obeying the law, exemplifying personal integrity and honesty), OAR 584-020- 3 OO35(1)(c)(D)(Honoring appropriate adult boundaries with students in conduct and 4 conversation at all times); and OAR 584-020-0040(4)(d) ( Unreasonable physical force 5 against students, fellow employees, or visitors to the school, except as permitted under 6 ORS 339.250). This conduct also constitutes gross unfitness in violation of ORS 7 342.175(1)(c); OAR 584-020-004o(5)(e) (Admission of or engaging in acts constituting 8 criminal conduct, even in the absence of a conviction). 9 10 The Commission’s authority to impose discipline in this matter is based upon ORS 11 342.175. 12 FINAL ORDER 13 The Commission hereby revokes Peter Paul Lucas’ Oregon educator license. k l4 IT IS SO ORDERED THIS s Qf 'day of September, 2016. 15 TEACHER STANDARDS AND PRACTICES COMMISSION l6 By: 17 Dr. Monica Beane, Executive Director 18 19 NOTICE OF APPEAL OR RIGHTS 20 21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 22 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 23 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 24 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3—DEFAULT ORDER OF REVOCATION OF LICENSURE- PETER PAUL LUCAS 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: Peter Paul Lucas 32154 Modoc Point Rd Chiloquin, OR 97624 Dated this , géidi day 0f September, 2016. .A By: ( I Patt eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING-— PETER PAUL LUCAS 1 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 0f ) REVOCATION OF 6 PETER PAUL LUCAS ) LICENSURE 7 8 9 On August 26, 2016, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Peter Paul Lucas (Lucas) in which the 11 Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 3010 0002 3171 1132 to l3 the address on file with the Commission. The Notice designated the Commission file as the 14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned 15 signed to the Commission. The first class mail was not returned to the Commission. The 16 Notice of Opportunity of Hearing, dated August 26, 2016, and signed by Dr. Monica Beane, 17 Executive 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 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 Lucas did not request a hearing. The Commission, therefore, finds Lucas to be in default and 27 enters the following findings of fact, conclusions of law, and final order, based on the files 28 and records of the Commission concerning this matter. 29 30 FINDINGS 0F FACT 31 1. Lucas been licensed as a teacher in Oregon since August 28, 1980. Lucas currently holds 32 a Standard Teaching License, with an endorsement in Standard Physical Education 33 (018), valid September 19, 2012, through September 18, 2017. During all relevant times, 34 Lucas was employed by the Klamath County School District. 35 36 2. On March 23, 2015, the Commission received a report from the superintendent of 37 Klamath County School District alleging that Lucas had committed one or more PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE- PETER PAUL LUCAS 1 designated acts of gross neglect or gross unfitness for duty by directing students t0 ‘dog 2 pile’ on a student. While the student was in the dog pile, Lucas put his shoe in the face of 3 the student and told the student the student to, ‘smell the dog shit’ on Lucas’ foot. 4 5 3. On April 1, 2015, Lucas was arrested. On April 15, 2015, Lucas plead not guilty to two 6 counts of Official Misconduct in the First Degree and one count of Harassment. The 7 conduct that lead to Lucas’ arrest, charges, and ultimately a diversion agreement 8 included the following: On or about March 6, 2015, Lucas encouraged a group of 9 students to “dog pile” 0n another student (EJ) who was unable to complete his required 10 laps around the track. Students who dogpiled on EJ reportedly also pulled EJ’s 11 underwear upwards, and one student placed his crotch on or near EJ’s face. Towards the 12 end of the dog-pile, Lucas approached the pile, placed his foot near EJ’s face and stated 13 something to the effect of “Here, smell my shoe, I just stepped in dog shit”. l4 15 4. On April 22, 2015, Lucas resigned his employment from the Klamath County School 16 District. 17 5. On March 14, 2016, Lucas signed a diversion agreement with the District Attorney’s 18 Office. The conditions set prior to diversion included a $200 pre-payment of diversion 19 fees; a waiver of rights; the destruction of all evidence; and admissions of guilt (pleas of 20 no contest to all charges). The conditions set during diversion included payment of 21 diversion fees; forty hours of community service; anger management treatment; n0 22 contact with victim; no entry to Mazama High School; restitution; provide a written 23 apology to the student and his family; and if requested, a personal apology. Also, as part 24 of the diversion agreement was a condition for Lucas to forever relinquish his current 25 TSPC license(s) and not to apply for any TSPC license(s) in the future. 26 CONCLUSIONS OF LAW 27 Lucas’s conduct described above constitutes gross neglect 0f duty in in violation 0f 28 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(1) 29 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 30 o2o-oo1o(5) (Use professional judgment); OAR 584-O2o-Oo4o(4)(o) as it incorporates PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE- PETER PAUL LUCAS 1 OAR 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting and 2 obeying the law, exemplifying personal integrity and honesty), OAR 584-020- 3 OO35(1)(c)(D)(Honoring appropriate adult boundaries with students in conduct and 4 conversation at all times); and OAR 584-020-0040(4)(d) ( Unreasonable physical force 5 against students, fellow employees, or visitors to the school, except as permitted under 6 ORS 339.250). This conduct also constitutes gross unfitness in violation of ORS 7 342.175(1)(c); OAR 584-020-004o(5)(e) (Admission of or engaging in acts constituting 8 criminal conduct, even in the absence of a conviction). 9 10 The Commission’s authority to impose discipline in this matter is based upon ORS 11 342.175. 12 FINAL ORDER 13 The Commission hereby revokes Peter Paul Lucas’ Oregon educator license. k l4 IT IS SO ORDERED THIS s Qf 'day of September, 2016. 15 TEACHER STANDARDS AND PRACTICES COMMISSION l6 By: 17 Dr. Monica Beane, Executive Director 18 19 NOTICE OF APPEAL OR RIGHTS 20 21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 22 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 23 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 24 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3—DEFAULT ORDER OF REVOCATION OF LICENSURE- PETER PAUL LUCAS 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: Peter Paul Lucas 32154 Modoc Point Rd Chiloquin, OR 97624 Dated this , géidi day 0f September, 2016. .A By: ( I Patt eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING-— PETER PAUL LUCAS