l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
Z OF THE STATE OF OREGON
3
4 ln the Matter of the ) DEFAULT ORDER OF
5 Educator License of ) REVOCATION OF RIGHT
0 CHARLES ERIC HAMILTON ) TO APPLY
7
8 On September 5, 2014, the Teacher Standards and Practices Commission
9 (Commission) issued a Notice of Opportunity for Hearing to Charles Eric Hamilton
10 (Hamilton) in which the Commission charged him with Gross Neglect 0f Duty. The
I 1 Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7012 1010 0003
12 2804 4685 to the address on file with the Commission. The Notice designated the
I 13 Commission file as the record for purposes of proving a prima facie case. The Certified
I 14 Mail receipt was returned signed and dated 0n September 19, 2014, and the regular mail
I S was not returned t0 the Commission. The Notice 0f Opportunity for Hearing, dated
i 16 September 5, 2014, and signed by Victoria Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
1 S PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
1 9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
II) REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
32 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
13 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
24
25 Hamilton did not request a hearing. The Commission, therefore, finds Hamilton to be in
'2 13 default and enters the following findings of fact, conclusions 0f law, and final order,
27 based 0n the files and records of the Commission concerning this matter.
38 FINDINGS OF FACT
19 1. Charles Hamilton has been licensed by the Commission since July 5, 1985.
30 Hamilton’s Standard Teaching License with an endorsement in Standard Music
3 I (018), was issued June 4, 2009, and expired on June 3, 2014. During all relevant
32 times, Hamilton was employed by the Klamath Falls City School District.
33 2. On June 13, 2013, the Commission received a complaint from the administration of
II the Klamath Falls City School District indicating Hamilton may have committed acts 1
35 which constitute gross neglect of duty. Subsequent investigation determined that
36 during the 2011-12 and 2012-13 school years:
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - CHARLES ERIC HAMILTON

1 a) On 0r around November 2011, Hamilton had contact with a former student

2 named AS. Hamilton communicated with then 19 year old AS via Facebook

3 messenger systems and/0r text messages. AS complained t0 school

4 administrators that Hamilton’s communications were overly personal and that

5 Hamilton had openly admitted that he was flirting with her. Because AS was 19

6 years of age and a former student, the school district counseled Hamilton on

7 appropriate boundaries and issued Hamilton a written warning about

8 professional ethical practices and grooming behaviors.

L) b) On 0r about March 0f 2013, Hamilton contacted 17 year old, female student KS
10 via Facebook and text messages. KS complained that Hamilton asked her overly
I I personal questions, complimented her 0n her clothing she had worn t0 school,
I 3 and asked her personal questions about her plans for the future. Hamilton
I 3 invited KS to come to school early to meet with him privately s0 she could get
14 some extra choir practice. While review of Hamilton’s conversations indicated
1 5 no direct sexual references, investigation determined that Hamilton’s behavior
16 was in violation of district policies, in violation of Hamilton’s prior written
I 7 directive, and possibly grooming behavior.

I 8 c) While investigating the complaint of student KS, the district learned 0f another
I 9 complaint by 17 year old female student, SB. SB reported that 0n 0r about
20 November 2012, Hamilton contacted her via text message and Facebook instant
21 messenger. During Hamilton’s conversations with SB, Hamilton told her he was
22 getting divorced and other personal information related to Hamilton’s failing
21 marriage. Hamilton messaged SB and shared information about his sex life.
24 Hamilton asked SB, “Afier you graduate, would you ever think of having a
25 sexual fling with an older man like me?”, and “Think about it would you?
26 Please?" Hamilton later contacted SB by text message and asked her to be his
Z7 “Fuck Buddy” and sent her two photographs of Hamilton‘s genitals.
28 3. On June 11, 2013, Hamilton resigned from employment with the Klamath Falls City
31) School District.
w ////
3 l ////

PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT T0 APPLY - CHARLES ERIC HAMILTON

. 1 CONCLUSIONS OF LAW
j l Hamilton’s conduct constitutes gross neglect of duty in violation of ORS
l
I 3 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-o2o-oo1o(5) (Use
4 professional judgment) ; OAR 584-020-004o(4)(o) as is incorporates OAR 584-020-
5 0035(1)(c)(A) (Not demonstrating 0r expressing professionally inappropriate interest
o in a student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting 0r giving or
7 exchanging romantic or overly personal gifts 0r notes with a student), OAR 584-020-
8 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and
9 conversation at all times); and OAR 584-020-004o(4)(f) (Any sexual conduct with a
IO student). The Commission may rely on the definitions of sexual conduct in ORS
I 1 33937009) and OAR 584-020-0005(5).
1 3
I I The Commission’s authority to impose discipline in this matter is based upon ORS
I-I 342.175.
1 5 FINAL ORDER
I o The Commission hereby revokes Charles Eric Hamilton’s right to apply for
17 licensure.
18 1T IS SO ORDERED THIS 3%}, of October, 2014.
I A) TEACHER STANDARDS AND PRACTICES COMMISSION
IO
21
22 By:
23 Victoria Chamberlain, Executive Director
QI
5%;
27 NOTICE OF APPEAL OR RIGHTS
18
29 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
3|) BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
3 1 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
32 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT T0 APPLY - CHARLEs ERIC HAMILTON

CERTIFICATE OF MAILING
1 hereby certify that 1 sewed 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:
Charles Eric Hamilton
1300 3"’ Avenue, Unit 71
Mosier, OR 97040-9794
Dated this 317} day of October 2014.
By; 9
Patt dell
lnve ' ative Assistant
l
PAGE 1- CERTIFICATE OF MAILING— CHARLES ERIC HAMILTON