1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION g OF THE STATE OF OREGON 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF RIGHT .6] DOUGLAS ADAM WADE ) TO APPLY 8 On February 1, 2012, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Douglas Adam Wade (Wade) in which the 10 Commission charged him with Gross Neglect of Duty pursuant to ORS 342.175(1)(b); OAR 584- ll 020-0040(4)(n), as it incorporates OAR 584-020-0010(5), OAR 584-020_0025(2)(b), OAR 584- 12 020-0025(2)(e), OAR 584-020-0040(4)(o), as it incorporates OAR 584-020-0035(1)(b), OAR 13 584-020-0035(1)(c)(A), OAR 584-020-0035(1)(c)(D), OAR 584-020-0035(2)(e), OAR 584-020- 14 0035(3)(a), OAR 584-020-0040(4)(a), OAR 584-020-0040(4)(b), OAR 584-020-0040(4)(p) and 15 gross unfitness in violation ORS 342.175(1)(c); OAR 584-020-0040(5)(c), and OAR 584-020- 16 0040(5)(e). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7009 l7 1410 0002 1925 3181 to the address on file with the Commission. The Certified Mail was 18 returned “Not Deliverable" on February 17, 2012. The regular mail was not returned to the 19 Commission. The Notice of Opportunity of Hearing, dated February 1, 2012, and signed by 2O Victoria Chamberlain, Executive Director, stated: 21 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 22 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 23 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE 24 CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR 25 AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH 26 MAY INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR 27 OTHER DISCIPLINE." g3 Wade did not request a hearing. The Commission, therefore, finds Wade to be in default and 30 enters the following findings of fact, conclusions of law and order, based on the files and records 31 of the Commission concerning this matter. 32 FINDINGS OF FACT 33 1. Douglas Adam Wade has been licensed as a teacher in Oregon since June 23, 1993. His 34 Basic Teaching License, issued on February 10, 2009, expired on February 9, 2012. During 35 all relevant times, Wade was employed by the North Clackamas School District. 36 2. On or about April 1, 2009, Wade was arrested by the Clackamas County Shernffs office for 37 Theft-1 (ORS 164.055), Misapplication of Entrusted Property (ORS 165.095), 2 counts of 38 Official Misconduct (ORS 162.415), 2 counts of Unlawful Use of a Computer (ORS 39 164.377(2)) and Theft-2 (ORS 164.045). On January 27, 2010, Wade was convicted of PAGE 1—DEFAULT ORDER OF LICENSE REVOCATION/REVOKE RIGHT TO APPLY - WADE, DOUGLAS ADAM 1 Theft-2, Official Misconduct, and Misapplication of Entrusted Property. These charges 2 stemmed from Wade’s theft of computers from the North Clackamas School District, which 3 Wade in turn resold. 4 3. In 2009, the Department of Human Services and the Clackamas County Sheriff investigated 5 Wade regarding an inappropriate relationship with a female student (ME). As part of the 6 investigation, police discovered photos on Wade's computer of the student, and photos of 7 Wade nude, wearing the female students clothing. Wade spent an inordinate amount of 8 time and attention with the female student, sent her personal, inappropriate text messages, 9 and referred to the student by pet names while having inappropriate physical contact with 10 her at school (walking arm in arm, playfully slapping, and after-school one on one tutoring). 11 4. Wade refused to be interviewed by the North Clackamas School District or the Commission 12 regarding these allegations. 13 CONCLUSIONS OF LAW l 14 As detailed in paragraph two (2) above, Douglas Adam Wade stole approximately 15 $3,500.00 of school property and was convicted of related criminal charges. This conduct 16 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as 17 it incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(b) 18 (Using and maintaining district property, equipment, and materials appropriately), and OAR 584- 19 O20-0025(2)(e) (Using district lawful and reasonable rules and regulations); OAR 584-020- 20 0040(4)(o) as it incorporates OAR 584-020-0035(2)(e) (Not use the district's or school's name, 21 property, or resources for non-educational benefit or purposes without approval of the 22 educator's supervisor or the appointing authority), OAR 584-020-0035(3)(a) (Maintain the 23 dignity of the profession by respecting and obeying the law, exemplifying personal integrity and 24 honesty); OAR 584-020-0040(4)(a) (Knowing and substantial unauthorized use of: school name 25 or financial credit; school materials or equipment for personal purposes; or school personnel to 26 provide personal services unrelated to school business), OAR 584-020-0040(4)(b) (Knowing 27 and substantial unauthorized use of employment time or school resources for private purposes); 28 This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020- 29 0040(5)(c) (Conviction of violating any federal, state, or local law. A conviction includes any final 30 judgment of conviction by a court whether as the result of guilty plea, no contest plea or any 31 other means), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 32 criminal conduct, even in the absence of a conviction). PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION/REVOKE RIGHT TO APPLY - WADE, DOUGLAS ADAM 1 As detailed in paragraph three (3) above, Wade conducted an inappropriate relationship 2 with a female student. This conduct constitutes gross neglect of duty in violation of ORS 3 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 4 professional judgment); and OAR 584-020-0040(4)(o) as is incorporates OAR 584-020- 5 0035(1)(b) (Refrain from exploiting professional relationships with any student for personal gain, 6 or in support of persons or issues), OAR 584-020-0035(1)(c)(A) (Not demonstrating or 7 expressing professionally inappropriate interest in a student's personal life), OAR 584-020- 8 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 9 conversations at all times). 10 As described in paragraph four (4) above, Wade refused to cooperate with Commission 11 investigators and refused to be interviewed as required. This conduct constitutes gross neglect 12 of duty in violation of OAR 584-020-0040(4)(p) (Subject to the exercise of any legal right or l3 privilege, failure or refusal by an educator under investigation to respond to requests for 14 information, to furnish documents or to participate in interviews with a Commission 15 representative relating to a Commission investigation). 16 The Commission's authority to impose discipline in this matter is based upon ORS 17 342.175. 18 FINAL ORDER 19 The Commission hereby revokes Douglas Adam Wade’s right to apply for a teaching 20 license. i‘ 21 IT IS SO ORDERED THIS IQ? day of July, 2012. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 t 2%] W ~ 24 By: 25 Victoria Chamberlain, Executive Director 26 27 28 NOTICE OF APPEAL OR RIGHTS 29 30 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 31 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 32 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 33 THE OREGON COURT OF APPEALS. 34 PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION/REVOKE RIGHT TO APPLY - WADE, DOUGLAS ADAM CERTIFICATE OF MAILING l hereby certify that I served the foregoing notice of final order, certified by rne as such, by mailing U.S. First Class Mail and U.S. Certified MaiI—Return Receipt Requested, addressed to: Douglas Adam Wade 5025 SE Brookside Dr Portland, OR 97222 Dated this {0% day of July, 2012. \ By: ’ ’ Pat iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING-WADE, DOUGLAS ADAM