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 0f ) LICENSE REVOCATION AND 6 CHAD GERALD SCHACHT ) RIGHT TO APPLY FOR A LICENSE 7 8 On January 31, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Chad Gerald Schacht (Schacht) in which the 10 Commission charged her with Gross Neglect of Duty and Gross Unfitness pursuant t0 OAR 584- 11 020-0040(5)(e), OAR 584-020-0040(4)(t), OAR 584-020-0040(4)(n), OAR 584-020-001o(5), 12 OAR 584-04o-oo4o(4)(0), OAR 584-020-0035(1)(c)(D), OAR 584-020-0040(1)(n), OAR 584- 13 020-00400), OAR 584-020-0040(3)(a), OAR 584-020-0040(3)(d). The Notice was sent via 14 U.S. First Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 2004 to the address 15 on file with the Commission. Neither the Certified Mail, receipt, nor the regular mail were I6 returned to the Commission and are assumed delivered. The Notice 0f Opportunity of Hearing, 17 dated March 23, 2011, and signed by Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 19 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR 2O FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 21 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 22 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 23 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 24 DISCIPLINE." 25 26 Schacht did not request a hearing. The Commission, therefore, finds Schacht to be in default 27 and enters the following findings of fact, conclusions of law and order, based on the files and 28 records 0f the Commission concerning this matter. 29 FINDINGS OF FACT 3O 1. On December 17, 2010, Chad Gerald Schacht pled guilty to and was convicted of 31 seven counts of Sex Abuse II (ORS 163.425). Schacht was sentenced to 66 months 32 incarceration and required t0 register as a sex offender upon his release. 33 2. This conviction arose from Schacht’s sexual relationship with a 15-year-old female 34 student athlete whom he coached while employed as a track coach for the Eugene 35 School District. PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION AND RIGHT TO APPLY - SCHACHT, CHAD GERALD 1 CONCLUSIONS OF LAW 2 Chad Gerald Schacht’s above described conviction constitutes gross neglect of duty and 3 gross unfitness in violation of ORS 342.175(1)(b) and ORS 342.175(1)(c); OAR 584—o20— 4 0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in the 5 absence of a conviction), OAR 584-020-0040(4)(f) (Any sexual conduct with a student), OAR 6 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); 7 OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring 8 appropriate adult boundaries with students in conduct and conversations at all times); and 9 OAR 584-020-004o(1)(n) (ORS 163.425 -- Sexual Abuse in the Second Degree). 10 Pursuant to ORS 342.175(2)(a) and OAR 584-o2o-oo4o(1) the Teacher Standards and ll Practices Commission may revoke Schacht’s license and his right to apply for a license based on l2 his conviction 0f any of the crimes listed in ORS 342.143(3)(a). Additionally, Schacht’s l3 convictions constitute “gross unfitness” in violation of ORS 342.175(1)(c); OAR 584-020- 14 0040(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct 15 which renders an educator unqualified to perform his or her professional responsibilities”). 16 The Commission's authority to impose discipline in this matter is based upon ORS l7 342.175. 18 FINAL ORDER 19 The Commission hereby revokes the licensure of Chad Gerald Schacht and revokes his 20 right to apply for a license. /é >14! 21 IT IS SO ORDERED THIS day 0f May, 2011. 22 TEACHER STANDARDS AND PRACTICES COMMISSION i 23 v 24 26 Victoria Chamber am, xecutive Director 27 28 29 30 31 NOTICE OF APPEAL OR RIGHTS 32 33 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 34 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF 35 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 36 THE OREGON COURT OF APPEALS. 37 PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION AND RIGHT T0 APPLY - SCHACHT, CHAD GERALD 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: Chad Gerald Schacht-18699582 Coffee Creek Correctional Facility 24499 SW Graham’s Ferry Road Wilsonville, OR 97070 Dated this flday of July, 2011. By: Q %% V Cristina gar Investigative Assistant PAGE 1- CERTIFICATE OF MAILING——SCHACHT, CHAD GERALD