' BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the )
Teaching License of: ) FINAL ORDER
)
DANIEL RICHARD GRANEY ) Office of Administrative
) Hearings Case No. 110094
On December 24, 2003, Administrative Law Judge Ray Myers issued a Proposed
Order in this case.
The Teacher Standards and Practices Commission adopts the Findings of Fact,
Conclusions of Law and sanction contained in the attached Proposed Order, except as
stated below.
ORDER
‘ The Commission suspends Daniel Graney’s right to apply for an Oregon
Teaching License for a period of six months. Reinstatement of Daniel Graney’s license
' is conditioned on his being cleared by a psychiatric examiner selected by the Commission
to return t0 teaching and compliance with procedures under OAR 584-050-0015(3).
w
Dated this /5 day of January 2004.
TEACHER STANDARDS AND PRACTICES COMMISSION
By; MM -
Victoria Ch berlain, Executive Director
NOTICE: You are entitled to judicial review 0f this order. Judicial review may be
obtained by filing a petition for review within 60 days of service of this order. Judicial
review is pursuant to the provisions of ORS 183.482 to the Oregon Court of Appeals.
Page 1 ~ FINAL ORDERWDaniel Richard Graney

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
' STATE OF OREGON
for the
TEACHER STANDARDS AND PRACTICES COMMISSION
IN THE MATTER OF ) PROPOSED ORDER
) F—
)OAHCaseNo. 110094 RECEIVED
DANIEL RICHARD GRANEY
3 DEC 2 s 2003
Teacher Standards 8<
Practices Commisston
HISTORY 0F THE CASE
On May 16, 2003, the Teacher Standards and Practices Commission (TSPC or the
Commission) issued a Notice of Opportunity for Hearing to Mr. Daniel Richard Graney
alleging that Mr. Graney had committed acts of misconduct that constitute gross unfitness
to be a teacher.. Mr. Graney requested a hearing. TSPC referred the matter to the Office of
Administrative Hearings (OAH) on August 8, 2003. The OAH assigned the matter to
Administrative Law Judge Ray Myers to conduct a hearing and to issue a Proposed Order.
Hearing convened in Salem, Oregon, on October 2, 2003. Assistant Attorney
' General Joe McKeever represented the Commission. Attorney Gary Bertoni represented
Mr. Graney. Mr. Graney testified on his own behalf. The record was left open to receive
a transcript of testimony given by a psychiatrist, Pear Sweetman, MD, in a related
criminal matter. That document was received on November 24, 2003, and is admitted
into the record as Exhibit R1. The record closed on November 24, 2003. .
‘ ISSUES
' 1. Did Mr. Graney act in a way that would constitute gross unfitness under OAR
584~020-0040(5)(e) by committing acts constituting criminal conduct.
2. Did Mr. Graney act in a way that would constitute gross unfitness under OAR
584-020-0040(5)(c) by committing acts that constitute Burglary I and Misdemeanor
Assault but for Insanity.
3. If Mr. Graney committed acts constituting gross unfitness under either or both
. of the above allegations, what is the appropriate sanction for Mr. Graney’s violation.
EVIDENTIARY RULING
TSPC offered Exhibits A1 to A7 into evidence. Mr. Graney offered Exhibit R1
. into evidence. All offered exhibits were admitted.
In the Matter of Daniel Richard Graney
Page 1 of 5

FINDINGS OF FACT .

1. Mr. Graney was licensed by TSPC as a substitute teacher in the State of
Oregon at the time the actions that led to this matter occurred. His license expired on
September 15, 2003. (Test. of Graney.)

2. Mr. Graney has suffered from the mental disorder of Bipolar Mood Disorder
for over 14 years. He has been compliant with medication and treatment; however, _
despite his compliance, he began to suffer a reoccurrence of symptoms shortly before the
acts at issue in this matter. He began to experience paranoid and delusional thinking and
auditory hallucinations. (Ex. A2; test. of Graney.) Mr. Graney believed that people were
talking about him as a potential child molester. (Ex A2).

3. Mr. Graney also suffers from substance abuse problems. (Ex. A2; test. of
Graney.) Except for a four-month period in 1999, Mr. Graney has been sober for
approximately 11 years. (Test. of Graney.)

4. On March 31, 2001, Mr. Graney was at his former wife’s home helping her
with yard work. He believed that the neighbors were talking about him as a potential -
child molester. (Ex. A2; test. of Graney.) Mr. Graney burst into a neighbor’s home and

‘ assaulted the neighbor while he was sleeping. Another neighbor helped to subdue
Mr. Graney and the police were called. (Ex. A3.) Mr. Graney was charged with
Burglary in the First Degree and Felony Assault in the Fourth Degree. Washington ‘
County Circuit Judge Gardner found him guilty, except for insanity, of Burglary in the
First Degree and Misdemeanor Assault in the Fourth Degree. Mr. Graney was placed
under the jurisdiction of the Psychiatric Security Review Board (PSRB) for 21 years.
(Ex. Al .)

5. Mr. Graney is very compliant with treatment. The episode in question was
aberrant behavior for Mr. Graney. Since the incident, Mr. Graney has been placed on an
anti-psychotic medication, which helps prevent auditory hallucinations. In addition, his
mood stabilizer medication has been increased. Mr. Graney does not present a substantial
danger to the commimity. (Ex. R1.) I

6. Mr. Graney moved to Florida a little over one year ago with permission of
PSRB. Mr. Graney sees a psychiatrist in Florida once a month. He takes medication to
treat his Bipolar Mood Disorder, including an anti-psychotic drug that was prescribed
following the assault incident. He is employed as an assistant realtor and as a
maintenance man in a water treatment plant. He is taking classes so that he can be
licensed as a realtor in Florida. He has no current plans to teach anywhere. Mr. Graney
continues to believe that people were actually talking about hirn as a potential child
abuser. (Test. of Graney.) _

In the Matter of Daniel Richard Graney
Page 2 of 5

. CONCLUSIONS 0F LAW

1. Mr. Graney acted in a way that would constitute gross unfitness under OAR
584-020-0040(5)(e) by committing acts constituting criminal conduct.

2. Mr. Graney acted in a way that would constitute gross unfitness under OAR
584-020-0040(5)(c) by committing acts that constitute Burglary I and Misdemeanor
Assault but for Insanity.

3. The appropriate sanction for Mr. Graney’s violations is suspension of his
substitute teacher’s license in Oregon for six months pursuant to ORS 342.175.

OPINION

TSPC has authority to suspend or revoke a teacher’s license for gross unfitness.
ORS 342.175(l) states in relevant part:

(1) The Teacher Standards and Practices Commission may suspend or

revoke the license of a teacher or administrator, discipline a teacher or

administrator or suspend or revoke the right of any person to apply for a .

license if the person has held a license at any time within five years prior

to issuance of the notice of charges under ORS 342.176 based on the

following:

. * =t< * * *

(c) Any gross unfitness;

TSPC has defined gross unfitness in OAR 584-020-0040, which states in relevant part:

(5) Gross unfitness is any conduct which renders an educator unqualified

to perform his or her professional responsibilities. Conduct constituting

gross unfitness may include conduct occurring outside of school hours and

off school premises when such conduct bears a demonstrable relationship

to the educator's ability to fulfill professional responsibilities effectively.
The following may be admissible as evidence of gross unfitness.

Consideration may include but is not limited to:

>|= * =|= * a: Q

(c) Conviction of violating any federal, state, or local law. A conviction

includes any final judgment of conviction by a court whether as the result
of guilty plea, no contest plea or any other means.
* * * * Il<

(e) Admission of or engaging in acts constituting criminal conduct, even

in the absence of a conviction.
In the Matter 0f Daniel Richard Graney
Page 3 of 5

. b
The Court of Appeals has stated: .
A guilty except for insanity finding is not an acquittal--it is a guilty
verdict. The only difference between a "guilty" verdict and a "guilty
except for insanity" verdict is the dispositional alternatives, including
possible confinement and supervision by the Psychiatric Security Review
Board. Stare v. Reese, 156 Or App 406, 409(1997)
Thus, Mr. Graney has been convicted of a crime. Had Mr. Graney committed this
offense in the context of his role as a substitute teacher, or been as delusional as
he was at the time of this assault, it would certainly have affected his ability to
teach. I conclude that TSPC has sustained its burden of proving, under subsection
(c) that Mr. Graney has demonstrated gross unfitness.
Mr. Graney has also admitted to committing the acts constituting both crimes
charged. Furthermore, he has been found in court to have engaged in the acts constituting
that criminal conduct. Therefore, TSPC has sustained its burden of proving, under
subsection (e) that Mr. Graney has demonstrated gross unfitness.
The major issue in this case is the appropriate sanction. The Commission proposes
, revocation whereas Mr. Graney argues that suspension is sufficient. TSPC has authority .
under ORS 342.175 ( l) to either suspend or revoke Mr. Graney’s license.l The episode in _
question appears to be aberrant behavior for Mr. Graney based on his criminal history and '
' the evidence of the experts. He has been a very compliant patient and continues to comply '
with his treatment including taking his medications and regularly seeing a psychiatrist. As
a result of this episode, his medications have been changed to prevent a recurrence of this
episode. I recommend that the Commission suspend Mr. Graney’s license rather than
revoking it. The suspension should be for a period of at least six months and reinstatement
. should be conditioned on Mr. Graney’s being cleared by an independent psychiatric
examiner to return to teaching.
l Mr. Graney’s license has expired. However, TSPC has continuing authority to impose a sanction
on his license. The effect of revocation or suspension is to prevent Mr. Graney from applying to ’
reinstate his license.
In the Matter of Daniel Richard Graney
Page 4 of 5 _

' PROPOSED ORDER

I propose that the Commission issue the following final order:

Mr. Graney’s substitute teacher’s license is suspended for a period of six months.
Reinstatement of his license is conditioned on Mr. Graney’s being cleared by a psychiatric
examiner selected by the Commission to retum to teaching.

,//)
Ray Myers, Administrative Law Judge
Office of Administrative Hearings
ISSUANCE AND MAILING DATE ZZMH] AEQ L i? 2 ¢_ r280, 5
I
EXCEPTIONS

The proposed order is the Administrative Law Judge's recommendation to the I
Teacher Standards and Practices Commission. If you disagree with any part of this
proposed order, you may file written objections, called "exceptions," to the proposed
order and present written argument in support of your exceptions. Written argument and
exceptions must be filed within fourteen (14) days after mailing of the proposed order
with the:

' Teacher Standards and Practices Commission
465 Commercial Street, NE
Salem, Oregon 97301

The Commission need not allow oral argument. The Executive Director may
permit oral argument in those cases in which the Director believes oral argument may be
appropriate or helpful to the Commissioners in making a final determination. If oral
argument is allowed, the Commission will inform you of the time and place for
presenting oral argument.

In the Matter 0f Daniel Richard Graney
Page 5 of 5

CERTIFICATE OF SERVICE .
I certify that on December 24, 2003, I served the attached Proposed Order by mailing in a sealed
. H _ v envelope, with first class certified postage prepaid, a copy thereof addressed as follows:

DANIEL RICHARD GRANEY
14676 SW CORNELL RD APT 23
PORTLAND 0R 97229
GARY BERTONI
ATTORNEY AT LAW
430 PACIFIC BUILDING
520 SW YAMHILL STREET
PORTLAND 0R 97204
EXECUTIVE DIRECTOR
TEACHERS STANDARDS AND PRACTICES
465 COMMERCIAL sr NE '
SALEM OR 97301
JOE GORDON McKEEVER
ASSISTANT ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
1162 COURT ST NE
SALEM OR 97301-4096 _

§ucy Gal-é Aglgstrative Specialist

Office of ' trative Hearings

Transportation Hearings Division