1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) DENIAL OF REINSTATEMENT 6 JAMES R. NORTON ) OF TEACHING LICENSE 7 8 9 On August 14, 2009, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to James R. Norton (Norton) in which the 11 Commission denied his application for reinstatement of his teaching license for having failed to 12 furnish evidence satisfactory to the Commission of good moral character, mental and physical 13 health, and trustworthiness that the Commission considers necessary to establish fitness to 14 serve as an educator. The Commission's action is taken under ORS 342.143(2), ORS 15 342.175(3), and its administrative ruIes implementing that legal authority under OAR Chapter 16 584 Division 020, OAR 584-O50-OO18. The Notice was sent via U.S. First Class Mail and U.S. 17 Certified Mail Receipt 7008 1140 0002 8580 9492 to the address on file with the Commission. 18 The U.S. Postal Service delivered the notice which Norton signed for on August 17, 2009. The 19 Notice of Opportunity of Hearing, dated August 14, 2009, and signed by Victoria Chamberlain, 20 Executive Director, stated: 21 “You, James R. Norton, are entitled to a hearing on the proposed action of the 22 Commission. If you want a hearing, you must file a written request for a hearing with the 23 Commission within 60 days of the date of this notice. If you do not request a hearing or 24 if you fail to appear at a hearing, the Commission will adopt an Order of Default which 25 may include the revocation or suspension of your license or other discipline." 26 27 Mr. Norton did not request a hearing. The Commission, therefore, finds Mr. Norton to be 28 in default and enters the following findings of fact, conclusions of Iaw and order, based on the 29 files and records of the Commission concerning this matter. 30 FINDINGS 0F FACT 31 1, On or about October 12, 2008, James Norton applied to the Commission for reinstatement of 32 his revoked license. Mr. Norton’s license was revoked on September 7, 2005, following a 33 contested case hearing in connection with failing to disclose criminal convictions for one count PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - NORTON, JAMES 1 of Assaulting a Public Safety Officer, one count of Assault lV and one count of Criminal 2 Mischief. The convictions stemmed from an altercation in a parking lot involving one person 3 and several police officers. You were found to have engaged in gross neglect of duty in 4 connection with these incidents. 5 2. As part of Mr. Norton's reinstatement application, he submitted several letters explaining the 6 circumstances leading to the conviction. In these letters, Mr. Norton denied responsibility for the 7 conviction and stated the counts against him were false. Mr. Norton minimized the 8 circumstances of the incident by shifting responsibility away from him. 9 CONCLUSIONS or LAW 10 Mr. Norton's October 12, 2008, application for reinstatement of his revoked license is 11 denied because the information submitted, along with his reinstatement documents, did not 12 establish that he possess good moral character, trustworthiness, or physical and mental health 13 to hold an educator's license. The conduct Mr, Norton engaged in that resulted in revocation, 14 including the criminal conviction and surrounding circumstances; and the failure to disclose his 15 criminal convictions as raised in the revocation hearing, demonstrates that he does not possess 16 good moral character, trustworthiness, or physical and mental health to hold an educator's 17 license as required by OAR 584-050-0018. The Commission's authority to impose discipline in 18 this matter is based upon ORS 342.175. 19 // PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - NORTON, JAMES 1 FINAL ORDER 2 The Commission hereby denies James R. Norton’s application to reinstate his educator 3 license. 4 5 Approved by the Commission on November 6, 2009, effective November 9, 2009. 6 IT IS SO ORDERED THIS Q ,7! day of July, 2010. 7 TEACHER STANDARDS AND PRACTICES COMMISSION s / I/ - 10 By._,.“///1:// 4 m ’ / 11 Victoria C/ham-Jw’ xecutive Director 12 12 NOTICE OF APPEAL OR RIGHTS 1 15 YOU ARE ENTITLED TO JUDICIAL REVIEW OP THIS ORDER. JUDICIAL REVIEW MAY 16 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS PROM THE 17 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 18 ORS 183.482 TO THE OREGON COURT OP APPEALS. 19 PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION - NORTON, JAMES CERTIFICATE OF MAILING l hereby certify that l 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: James R. Norton PO Box 1752 Pleasanton CA 94566-0175 Dated this g day of July, 201 O. By: Melody anson Executi e Assist PAGE 1— CERTIFICATE OF MAILING-JAMES R. NORTON