1 BEFORE THE
2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 STATE OF OREGON
4
5
6 In the Matter of the Application for ]
7 Teaching License of )
8 LAURENCE LENNY FAROVITCH )
9 1
10
11
12 FINAL ORDER
13
14 By resolution dated March 28-29, 1996, the Teacher Standards and Practices
15 Commission adopts the attached proposed order to grant an Oregon Teaching
16 License if Mr. Farovitch meets all requirements.
17 A,
18 DATED THIS Z é day of April, 19961
19
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21
22
23 W 1m
24 By
25 David V. Myton, Exec tive Director
26
27 NOTICE: YOU ARE ENTITLED TO A JUDICIAL REVIEW OF THIS ORDER.
28 JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW
29 WITHIN 60 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW
30 IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE OREGON
31 COURT OF APPEALS.
32
33

l BEFORE THE
1 2 TEACHER STANDARDS AND PRACTICES’ COMMISSION
3 STATE OF OREGON
4
In the Matter of the Application)
5 for Teaching License of )
6 LAURENCE LENNY FAROVITCH i PROPOSED ORDER
7 i
8 On March 13, 1996, a panel of the Teacher Standards and
9 Practices Commission (Commission) held a hearing in the Public
10 Service Building, 255 Capitol Street, NE, Salem, Oregon, based on
11 the denial of the application by Laurence Lenny Farovitch
12 (Mr. Farovitch) for an Oregon teaching license. The hearing panel
13 consisted of Martin Morris, Chairperson, Patrick Pullen and Toby
14 Clauson. Commission Secretary Charlene Smith assisted the
15 Commission. Joe Gordon McKeever, Assistant Attorney General,
16 represented the Commission staff. Mr. Farovitch appeared
17 personally and represented himself. Jim McNight and Darlene
18 Miller acted as sign language interpreters for Mr. Farovitch. The
19 hearing was conducted as a contested case matter and was
20 mechanically tape recorded.
21 The panel heard testimony from Mr. Farovitch and from William
22 Brelje, instructor at Lewis and Clarh College.
23 The following exhibits were received into evidence without
24 objection:
25 ///
26 ///
> 1‘ PAGE l — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)

1 TSPC NO. 1 01/04/94 Portland Police Bureau Special
' 2 Report (2 pages)
TSPC No. 2 01/04/93 (94) Portland Police Bureau Custody
3 Report (3 pages)
4 TSPC No. 3 06/09/94 Multnomah County District Court
Judgment and Sentencing Order
5 (2 page)
6 TSPC No. 4 09/21/94 Letter from David V. Myton to
7 Laurence Farovitch (1 page)
TSPC No. 5 04/03/95 Letter from Laurence Farovitch
8 to David V. Myton (2 pages)
9 TSPC No. 6 11/30/95 Application for an Oregon
teaching license (2 pages)
10
TSPC No. 7 01/08/96 Letter from David V. Myton to
11 Laurence Farovitch with copy of
the postal certified mail
12 return receipt card (2 pages)
13 TSPC No. 8 02/23/96 Letter from Charlene Smith to
Laurence Farovitch with
14 attached outline of procedures
. for contested cases (3 pages)
15
TSPC No. 9 12/08/95 Letter from David Born,
16 Washington School for the Deaf
to To Whom It May Concern (l
l7 page)
18 TSPC No. 10 01/23/96 Letter from Teresa M. Stotler,
Washington School for the Deaf
19 to Oregon Teachers Standard
Certification (1 page)
20
TSPC No. 11 01/01/94 Letter from Terry Ryther, "The
21 Community Ear" to District
Attorney Michael D. Schrunk (2
22 pages)
23 TSPC No. 12 01/18/95 State of Washington Substitute
Teacher license (l page)
24
TSPC No. 13 Ol/18/95 State of Washington Initial
25 Teacher license (1 page)
26 ///
' PAGE 2 — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)

___-1 441441111. .11
1 TSPC No. 14 02/23/96 Letter from Grace Jewitt-
. 2 Baranski, Washington School for
the Deaf
3 TSPC No. 15 03/12/96 Letter from Laurence Farovitch
to the Commission.
4
5 FINDINGS OF FACT
6 l. Mr. Farovitch was arrested in Portland, Oregon, on
7 January 4, 1994, charged with the crime of Prostitution.
8 2. On June 9, 1994, Mr. Farovitch was found guilty of the
9 crime of Prostitution after a jury trial in the Multnomah County
10 District Court. Mr. Farovitch was sentenced to one year of
11 probation, a fine of $350, court costs of $54, and a requirement
12 that he avoid high vice areas of Portland except for legal
13 purposes.
l4 3. Mr. Farovitch has successfully completed the terms of
. 15 his criminal probation.
16 4. Mr. Farovitch is hearing impaired. His primary language
17 is American Sign Language, and English is his second language.
18 Mr. Farovitch has a significantly limited ability to read lips or
19 communicate by speech. There was no interpreter available when
20 Mr. Farovitch was interviewed by the police on the date of his
21 arrest.
22 5. Despite his conviction, Mr. Farovitch testified that he
23 believed he was not guilty of soliciting a prostitute. He testified
24 that there were misunderstandings and miscommunications surrounding
25 his conversations with an undercover policewoman who was posing as a
26 prostitute.
. PAGE 3 — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)

1 6. Mr. Farovitch was born in Canada and lived in various
. 2 areas of Canada until July 1993 when he moved to Vancouver,
3 Washington. In 1994, Mr. Farovitch applied for an Oregon basic
4 teaching license. His application was denied by the Commission in
5 September 1994 based on ORS 342.143 which requires the Commission
6 not to issue a teaching license to any person who has been convicted
7 of certain listed crimes, including the crime of prostitution.
8 7. On November 30, 1995, Mr. Farovitch reapplied for an
9 Oregon teaching license, and this application was denied by
10 Executive Secretary David V. Myton.
11 8. On January 18,1995, Mr. Farovitch was granted a substitute
12 teaching certificate and an initial teaching certificate in the
13 State of Washington.
14 9. Mr. Farovitch obtained a Masters Degree in Special
' 15 Education from Lewis and Clark College in 1994.
16 10. Mr. Farovitch has worked as a teacher at the Washington
17 School for the Deaf. He submitted documents and evaluations
18 indicating satisfactory performance in these jobs.
19 11. Aside from the crime of Prostitution, Mr. Farovitch has no
20 other criminal record, and the panel is not aware of any other
21 misconduct to indicate that he does not possess good moral
22 character, mental and physical health to serve as a teacher.
23 ULTIMATE FINDINGS OF FACT
24 1. Mr. Farovitch was convicted of the crime of Prostitution
25 on June 9, 1994.
26 ///
. PAGE 4 — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)

1 2. Mr. Farovitch was denied his application for an Oregon
. 2 teaching license on September 21, 1994.
3 3. Mr. Farovitch reapplied for a teaching license after more
4 than one year had elapsed from the date of the first denial and he
5 has successfully completed the terms of his criminal probation.
6 4. Mr. Farovitch has presented sufficient evidence of good
7 moral character and fitness to serve as a teacher.
8 CONCLUSION OF LAW
9 ORS 342.143 mandates that the Commission deny an application
10 for a teaching license by an individual who has been convicted of
11 the crime of prostitution. This case presents the issue of whether
12 the Commission may eye; issue a license to an applicant who has been
13 convicted of the crime of prostitution. Under ORS 342.175, any
14 individual whose teaching license has been revoked has the right to
. 15 apply for reinstatement of that license after one year from the date
16 of revocation and expiration of any parole or probationary sentence.
17 Although this same right to reapply is not expressly stated under
18 the statutes concerning an initial applicant for a license, we do
19 not believe from the text of these statutes that the legislature
20 intended to apply differential treatment to applicants who have
21 never held a teaching license and applicants whose teaching license
22 has been revoked. For that reason, the panel concludes that it has
23 discretion under ORS 342.143 to consider the application for an
24 initial teaching license if more than one year has elapsed since the
25 date of the initial denial and if the applicant has successfully
26 ///
. PAGE 5 — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)

1 completed all terms of parole and probation for a crime listed under
. 2 ORS 342.143.
3 For the above reasons, the panel will give consideration to Mr.
4 Farovitch's application.
5 DISCUSSION
6 Although Mr. Farovitch testified and argued that he was
7 innocent of the crime of prostitution, the Commission must recognize
8 that Mr. Farovitch was found guilty of this offense by a jury in a
9 criminal case. The Commission cannot and should not re-examine Mr.
10 Farovitch's guilt or innocence in this proceeding.
11 The panel does note that Mr. Farovitch did not have an
12 interpreter present when he was arrested, and it appears that
13 miscommunications may have occurred during the criminal process
l4 which could have affected the fairness of that process. On the
. 15 other hand, there is information in the police reports and in Mr.
16 Farovitch's explanation of events that supports the jury's
17 conclusion.
18 Although there is concern that Mr. Farovitch continues to deny
19 responsibility in this incident, the panel concludes that Mr.
2O Farovitch now should be issued a teaching license. Based on Mr.
21 Farovitch‘s satisfactory performance as a substitute teacher in
22 Washington, the absence of any misconduct before or after the
23 criminal offense occurred and the fact that more than one year has
24 elapsed since the initial denial of his application, his application
25 should be allowed if he otherwise meets all other licensing
26 requirements.
' PAGE 6 — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)

l PROPOSED ORDER
.2 The application for an Oregon teaching license of Laurence

3 Lenny Farovitch shall be granted by the Executive Secretary if Mr.
4 Farovitch otherwise meets all requirements for an Oregon basic
5 teaching license under OAR 584, Division 38.
6 DATED this /éWday of Q2211’, 1996.
7 TEAC é STAND ‘I ANIl PRACTICES COMMISSION
8 By: u l'Am'rl‘ .- '.
9 David V. yton, Executive Secretary

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‘PAGE 7 — PROPOSED ORDER (LAURENCE LENNY FAROVITCH)