1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Teaching License of ) CORRECTED DEFAULT ORDER OF 5 DANIEL JOE WEBER ) REVOCATION OF RIGHT TO APPLY 6 ) FOR AN EDUCATOR LICENSE 7 8 9 On September 12, 2012, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Daniel Joe Weber (Weber) in which the 1 1 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class 12 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0349 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes of proving a 14 prima facie case. The Certified Mail was returned t0 the Commission “Unclaimed” on October 15 18, 2012. The regular mail was not returned to the Commission. The Notice of Opportunity of 16 Hearing, dated September 12, 2012, and signed by Victoria Chamberlain, Executive Director, 17 stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l9 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 20 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 Weber did not request a hearing. The Commission, therefore, finds Weber to be in default and 27 enters the following findings of fact, conclusions of law, and final order, based on the files and 28 records 0f the Commission concerning this matter. 29 FINDINGS 0F FACT 30 1. Daniel Joe Weber has been licensed by the Commission since January 28, 2002. Weber’s 31 Initial II Teaching License, with endorsements in Basic Mathematics (HS) and Basic Social 32 Studies (HS), was issued December 8, 2009, and expired on December 7, 2012. Weber did 33 not make application for renewal. During all relevant times, Weber was employed by the 34 Bend-La Pine School District. 35 2. On October 28, 2011, TSPC received notice from the Bend-La Pine School District alleging that 36 Weber had engaged in an inappropriate, romantic, relationship with a female student who had 37 recently graduated High School. This former student had been Weber’s teacher assistant during 38 both the 2009-2010 and 2010-2011 school years. The involved student turned 18 years of age in 39 December of 2010, and remained Weber’s student until graduation in June 2011. According t0 40 reports, Weber’s romantic relationship with this student began before she graduated. Weber’s PAGE 1- CORRECTED DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- WEBER, DANIEL JOE 1 relationship with this student included sexual conduct. Weber told school administrators that he 2 was in love with this student, and that no sexual activities occurred until after her 18th birthday. 3 Weber admitted t0 spending a weekend with this student in Seattle for a “Mariners baseball 4 weekend”. 5 3. On April 24, 2012, Weber (through his attorney) refused to cooperate with TSPC investigators when 6 requested to participate in an interview. Weber was informed 0f the consequences of such a refusal ‘ 7 and still declined to cooperate, rejecting the opportunity t0 participate in an interview. i 8 CONCLUSIONS OF LAW 9 Weber’s conduct described in section two (2) above, constitutes gross neglect of duty in 10 violation of ORS 342.175(1)(b); OAR 584-020e0040(4)(n) as it incorporates OAR 584-020- 11 0010(5) (Use professional judgment); OAR 584-020-0040(4)(0) as is incorporates OAR 584- 12 o20-0035(1)(b) (Refrain from exploiting professional relationships with any student for 13 personal gain, or in support of persons or issues), OAR 584-020-0035(1)(c)(A) (Not 14 demonstrating or expressing professionally inappropriate interest in a student's personal life), 15 OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in 16 conduct and conversation at all times); and OAR 584020-0040(4)(f) (Any sexual conduct with 17 a student). 18 Weber’s conduct described in section three (3) above, constitutes gross neglect of duty in 19 violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(p) (Subject to the exercise of any legal 20 right or privilege, failure or refusal by an educator under investigation to respond to requests 21 for information, to furnish documents or to participate in interviews with a Commission 22 representative relating to a Commission investigation). 23 Furthermore, the conduct described above demonstrates that Weber lacks good moral 24 character, mental or physical fitness to hold a license as required under ORS 342.143(2). 25 The Commissions authority to impose discipline in this matter is based upon ORS 26 342.175. 27 FINAL ORDER 28 The Commission hereby revokes Daniel Joe Weber’s Educator licensure. 29 IT IS SO ORDERED THIS III/l‘ day 0f February, 2013. 3O TEACHER STANDARDS AND PRACTICES COMMISSION PAGE 2- CORRECTED DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- WEBER, DANIEL JOE l By: 2 Victoria Chamberlain, Executive Director 3 4 5 6 NOTICE OF APPEAL OR RIGHTS 7 8 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 9 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF lO THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 1 1 THE OREGON COURT OF APPEALS. PAGE 3- CORRECTED DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- WEBER, DANIEL JOE