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 DENIAL OF 5 License of ) APPLICATION AND SUSPENSION OF 6 VINCENT LIU ) RIGHT TO APPLY 7 8 9 On May 31, 2016, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice 0f Opportunity for Hearing to Vincent Liu (Liu) in which the Commission 1 1 charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and 12 U.S. Certified Mail Receipt 7015 0640 0004 7539 7059 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes of l4 proving a prima facie case. The Certified Mail receipt was not returned to the Commission. 15 The first class mail was not returned to the Commission. The Notice of Opportunity of 16 Hearing, dated May 31, 2016, and signed by Victoria Chamberlain, then Executive Director, 17 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 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 Liu did not request a hearing. The Commission, therefore, finds Liu to be in default 27 and enters the following findings of fact, conclusions of law, and final order, based on the 28 files and records of the Commission concerning this matter. 29 30 FINDINGS OF FACT 31 1. Liu has never been licensed by the Commission. On February 7, 2015, Liu made 32 application to the Commission for Student Teaching or Practicum via a PA-1 33 application form. 34 2. Liu’s application was referred to investigations due to his affirmative answer to 35 character question eight (8), regarding an applicant’s criminal history. Background 36 investigation determined Liu had a criminal record including the following history: 37 PAGE 1-DEFAULT ORDER 0F DENIAL OF APPLICATION AND SUSPENSION OF RIGHT To APPY - VINCENT LIU l 0 12/31/2004 — arrested for Possession of Marijuana and Sale and Use of Drug 2 Paraphernalia (Civil Violation). Charged on February 4, 2005, in the Bangor 3 District Court — State of Maine. 4 5 0 04/01/2005 — arrested for Unlawful Trafficking in Scheduled Drugs 6 (Misdemeanor) and Unlawful Possession of Scheduled Drugs (Misdemeanor). 7 Convicted on August 3, 2005 in the Bangor District Court — State of Maine. 8 9 ~ 04/ 30/ 2006 — arrested for Fail to Carry License (Misdemeanor). Charged on 10 June 19, 2006 and paid fine in the Bangor District Court ~ State of Maine. l l 12 ~ 04/ 01/ 2008 — arrested for Violating Condition of Release (Misdemeanor). 13 Charged on June 1o, 2008 in the Bangor District Court — State of Maine. 14 15 0 05/27/2008 — arrested for Violating Condition of Release; Criminal Mischief; l6 and Criminal Trespass (Misdemeanors). Convicted on June 13, 2008 in the 17 Bangor District Court — State of Maine. 18 19 0 06/09/2008 — arrested for Theft by Unauthorized taking or Transfer; and 20 Violating Condition of Release (Misdemeanors). Convicted on June 13, 2008 in 21 the Bangor District Court — State of Maine. 22 23 On February 2o, 2015, Liu provided a written explanation for his “Yes” answer to 24 character question number 8. In Liu’s written explanation, in addition to explaining his 25 criminal history events, Liu described a period of time in 2008, where Liu defines 26 himself as experiencing a “disruptive manic episode”. By Liu’s own words, his impaired 27 mental state caused him to be suspended from school and other legal consequences ‘ 28 until Liu was directed to seek mental health treatment by court order. i 29 CONCLUSIONS OF LAW 30 Vincent Liu engaged in unprofessional conduct as described in section two (2) above. 31 Based on the above conduct, Liu has failed to provide the Commission satisfactory evidence EQGE 2-DEFAULT ORDER OF DENIAL OF APPLICATION AND SUSPENSION OF RIGHT TO APPY ~ VINCENT i 1 0f good moral character or mental and physical fitness as required to hold a license under 2 ORS 342,143(2). Liu’s criminal history detailed above, and the conduct underlying his 3 charges and convictions constitutes gross neglect of duty in violation of ORS 342.175(1)(b); 4 OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional 5 judgment); and OAR 584-o2o-oo4o(4)(0) as it incorporates OAR 584-020-0035(3)(a) 6 (Maintain the dignity of the profession by respecting and obeying the law, exemplifying 7 personal integrity and honesty). 8 9 The Commission’s authority t0 impose discipline in this matter is based upon ORS 10 342.175. 11 FINAL ORDER 12 The Commission hereby denies Vincent Liu’s application for an Oregon educator 13 license and suspends Vincent Liu’s right to apply for an Oregon educator license for a period 14 of one year from the date of this order. 15 IT IS SO ORDERED THIS ‘.ng day of September, 2016. 16 TEACHER STANDARDS AND PRACTICES COMMISSION l7 . 18 By: Wm... M 19 Dr. Monica Beane, Executive Director 20 21 NOTICE OF APPEAL OR RIGHTS 22 23 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 24 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM 25 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 26 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF DENIAL OF APPLICATION AND SUSPENSION OF RIGHT To APPY - VINCENT LIU 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: Vincent Liu 10 Dogwood Ct Paramus, NJ 07652-3310 4/1. Dated this ,Q ' day of September, 2016. By: t Q” 2% A g gm Patty eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— VINCENT LIU