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 ) REVOCATION OF TEACHING

6 WELLS, DANIEL CHARLES ) LICENSE

7

8 On April 25, 2012, the Teacher Standards and Practices Commission (Commission)

9 issued a Notice of Opportunity for Hearing to Daniel Charles Wells (Wells) in which the
10 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class
11 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 2190 to the address on file with the
12 Commission. The Notice designated the Commission file as the record for purposes of proving a
13 prima facie case. The Certified Mail was signed for on May 1, 2012. The regular mail was not
14 returned to the Commission. The Notice of Opportunity of Hearing, dated April 25, 2012, and
15 signed by Victoria Chamberlain, Executive Director, stated:
16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
l7 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL.
19 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A
20 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY
21 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER
22 DISCIPLINE.”
23
24 Wells did not request a hearing. The Commission, therefore, finds Wells to be in default and
25 enters the following findings of fact, conclusions of law and order, based on the files and records
26 0f the Commission concerning this matter.
27 FINDINGS OF FACT
28 1. Wells has been licensed as a teacher in Oregon since July 23, 1982. He held a Standard
29 Teaching License issued April 27, 2007, with endorsements in Basic Integrated Science,
30 Standard Chemistry, Standard Physics, and Basic Advanced Mathematics; which expired on
31 April 26, 2012.
32
33 2. In 2001, the McMinnville School District, Wells’ employer at the time, became aware of
34 allegations that in the late 1980's, while teaching in the Beaverton School District, Wells
35 engaged in a sexual relationship with a minor female student. When confronted with these
36 allegations by school officials, Wells admitted he had engaged in this conduct. Wells was
37 placed on administrative leave and subsequently resigned his teaching position with the
38 McMinnville School District.
39

PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION- WELLS, DANIEL CHARLES

l 3. On July 12, 2011, Wells refused to be interviewed by the Commission regarding the
2 investigation into these matters.
3
4 CONCLUSIONS 0F LAW
5 Daniel Wells’ conduct described in section #2 above constitutes gross neglect of duty in
6 violation of ORS 342.175(5)(1988), OAR 584-20-010(5) (1988) (Use Professional Judgment),
7 OAR 548-20-040(3)(m) (1988) as it incorporates OAR 584-20-035 (3)(a) (1988) (Maintain the
8 dignity 0f the profession by respecting and obeying the law, exemplifying personal integrity
9 and honesty), and OAR 584-20-o4o(3)(t)(1988) (Any sexual contact with a student).
10 Daniel Wells’ conduct described in section #3 above, constitutes gross neglect of duty in
11 violation of OAR 584-020-0040(4)(p) (Subject to the exercise of any legal right or privilege,
12 failure or refiisal by an educator under investigation to respond to requests for information, to
13 furnish documents or to participate in interviews with a Commission representative relating
14 to a Commission investigation).
15 The Commission's authority to impose discipline in this matter is based upon ORS
16 342.175.
l7 FINAL ORDER
18 The Commission hereby revokes the licensure 0f Daniel Charles Wells from the effective
19 date of this order. A
, t
20 IT 1s so ORDERED THIS 920 day of September, 2012.
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22
23 By:
24 Victoria Chamberlain, Executive Director
25
26
27
28 NOTICE OF APPEAL OR RIGHTS
29
3O 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.
PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION- WELLS, DANIEL CHARLES