l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 1 2 OF THE STATE OF OREGON J 4 In the Matter of the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION AND REVOCATION 6 PATRICK MICHAEL KANEALEY ) OF RIGHT TO APPLY 7 8 On February 5, 2016, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing t0 Patrick Michael Kanealey 10 (Kanealey) in which the Commission charged him with Gross Neglect of Duty and Gross 1 1 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 12 7015 0640 0004 7539 6892 to the address on file yxith the Commission. The Notice i3 designated the Commission file as the record for purposes of proving a prima facie case. 14 The Certified Mail receipt was returned “Undeliverable, unable to forward” to the 15 Commission on February 16, 2016. The regular mail was not returned to the 16 Commission. The Notice of Opportunity of Hearing, dated February 5, 2016, and signed 17 by Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 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 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 Kanealey did not request a hearing. The Commission, therefore, finds Kanealey to be in 27 default and enters the following findings of fact, conclusions of law, and final order, 28 based on the files and records of the Commission concerning this matter. Z9 30 FINDINGS OF FACI‘ 31 1. Patrick Michael Kanealey has been licensed by the Commission since May 14, 1997. 32 Kanealey’s Initial II Teaching License, with an endorsement in Social Studies (HS), is 33 valid from December 27, 2013, through December 24, 2016. During all relevant 34 times, Kanealey was employed by the Portland Public School District. 35 2. On February 5, 2015, Kanealey pled guilty and was subsequently convicted in the 36 Multnomah County Circuit Court of one count of Attempt to Commit a Crime, ORS PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCAT1ON OF RIGHT TO APPLY- PATRICK MICHAEL KANEALEY . . 1 1 l 1 161.405(2)(e); i.e. Patronize a Prostitute, (ORS 167.008), charged as a class B 2 misdemeanor. Kanealey was sentenced t0 five days in jail. l 3 3. Kanealey’s conviction arose from allegations that included Kanealey attempting to 4 pay a fee, and / or trade drugs (methamphetamine) to engage in sexual activity. On 5 or about May 1, 2014, unknown to Kanealey at the time, Kanealey contacted a private 6 “sting” operation called EPIK from an advertisement in a publication known for 7 being used to promote prostitution. EPIK members referred Kanealey’s inquiry to 8 law enforcement. On May 9, 2014, law enforcement interviewed Kanealey. Kanealey 9 admitted to police that he frequently used backpage.com and his registration at “TnA 10 Board” to seek prostitutes. Kanealey told police he would meet with the “escort” he l 1 contacted and exchange around $140 — $150 dollars for sex. On or about January 22, 12 2015, Kanealey was investigated again for possible prostitution related crimes. Police 13 reports indicate that Kanealey had repeatedly employed a prostitute(s), exchanging 14 money and / or methamphetamine for sexual activities. During Kanealey’s interview 15 with police, Kanealey also admitted to having a drug problem, smoking l6 methamphetamine. Kanealey was arrested for two counts of Patronizing a Prostitute. 17 CONCLUSIONS OF LAW 18 Kanealey’s convictions constitutes gross neglect of duty in violation of ORS I‘) 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) (Use 20 professional judgment); OAR 584-020-0040(1)(1l) (ORS 167.008 — Patronizing A 21 Prostitute). This conduct also constitutes gross unfitness in yiolation of ORS 22 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, 0r 23 local law. A conviction includes anyfinaljudgmcnt ofconviction by a court whether as 24 the result ofguilty plea, no contestplea 0r any other means); OAR 584-020- 25 oo4o(5)(d) (Commission of an act listed in OAR 584-020-0040(1)); and OAR 584-020- 26 0040(5)(e) (Admission ofor engaging in acts constituting criminal conduct, even in 27 the absence ofa conviction). 28 29 Pursuant to ORS 342.175(3) and OAR 584-020-004o(1) the Teacher Standards 30 and Practices Commission must revoke Kanealey’s license and Kanealey’s right to apply 31 for a license based on his conviction of any of the crimes listed in ORS 342.143(3)(a), or PAGE 2~DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- PATRICK MICHAEL KANEALEY I 1 the substantial equivalent of any of those crimes. 2 3 Furthermore, the conduct underlying Kanealey’s indictments and conviction 4 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 5 oo40(4)(n) as it incorporates OAR 584-020—oo1o(5) (Use professional judgment); OAR 6 584-020-0040(4)(k)( Violation of any order or rule of the Commission); and OAR 584- 7 o2o-oo40(4)(o) as it incorporates OAR 584-020-0035(3)(a)(Maintain the dignity of the 8 profession by respecting and obeying the law, exemplifying personal integrity and 9 honesty). Additionally, your conviction and conduct related t0 your conviction 10 constitute “gross unfitness” in violation of ORS 342.175(1)(c); OAR 584-020-0040(3)(a) l 1 and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct which 12 renders an educator unqualified to perform his or her professional responsibilities”). 13 The Commissions authority to impose discipline in this matter is based upon ORS l4 342.175. 15 FINAL ORDER 16 The Commission hereby revokes Patrick Michael Kanealey’s educator license and 17 revokes his right to apply for an educator license. ‘ ,h/vfb/ /'/”4, 18 IT IS SO ORDERED THIS .z' 7 ' day 0f [I (no; , 20 f6 . 19 TEACHER STANDARDS AND PRACTICES COMMISSION 2U 21 22 By: __—2__.—_~——— 23 Victoria Chamberlain, Executive Director 24 25 26 27 NOTICE OF APPEAL OR RIGHTS 28 29 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 30 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 31 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 32 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT To APPLY- PATRICK MICHAEL KANEALEY 1 CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such. by mailing l U.S. First Class Mail and US Certified MailiReturn Receipt Requested, addressed to: 1 Patrick Michael Kanealey - "7'72 f'i'v/ / '1 Dated thIs 1:’ a day of “Z/ "A21 , ZO/ld. j/w - .7 2' . By: ’ ‘<74 > itl/L/F/L/ ’“ atty eldon Inves Igative Assistant PAGE 1— CERTIFICATE OF MAILING— PATRICK MICHAEL KANEALEY