..fi
l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER OF
5 Educator License 0f ) REVOCATION OF
6 RUSSELL ALLEN NAMITZ ) OF RIGHT TO APPLY
7
8 On April 23, 2014, the Teacher Standards and Practices Commission
9 (Commission) issued a Notice of Opportunity for Hearing t0 Russell Allen Namitz
10 (Namitz) in which the Commission charged him with Gross Neglect of Duty. The Notice
11 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 2780 0000 2187
12 2999 to the address on file with the Commission. The certified mail receipt was returned
13 to the Commission on May 15, 2014, signed as received on May 13, 2014. The Notice
l4 designated the Commission file as the record for purposes 0f proving a prima facie case.
15 The Notice of Opportunity of Hearing, dated April 23, 2014, and signed by Victoria
l6 Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
l9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
2O REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
24
25 Namitz did not request a hearing. The Commission, therefore, finds Namitz to be in
26 default and enters the following findings of fact, conclusions of law, and final order,
27 based on the files and records of the Commission concerning this matter.
28 FINDINGS OF FACT
29 1. Namitz been licensed as a teacher in Oregon since July 22, 2003. Namitz previously
30 held an Initial II Teaching License, issued August 28, 2009, with an endorsement in
31 Biology (HS), which expired on August 27, 2012. Namitz did not make application
32 for renewal of his license. During all relevant times, Namitz was employed by the
33 Coos Bay School District.
34 2. On March 27, 2012, the Commission received a complaint from the administration of
35 the Coos Bay School District indicating Namitz may have committed acts which
36 constitute gross neglect of duty. Subsequent investigation determined that during
37 the 2010-11 and 2011-12 school years:
i PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - NAMITZ, RUSSELL ALLEN

l a) Namitz befriended a minor aged, female student (LS) from another school
2 district during a school wrestling event where Namitz coached the team from
3 Marshfield High School, and LS was a “Mat girl” for another school’s team.
4 b) On or about February 13, 2011, Namitz sent LS a “friend” request on the social
5 media website Facebook. In Namitz’s request, he included a message that
6 included the statement, “I just wanted to let you know that I think you’re 1
7 sweet.....Russ”. LS accepted Namitz’s friend request. l
8 c) Over the school years of 2010-11 and 2011-12, Namitz made posts or comments
9 t0 LS’s Facebook page, sent her messages via Facebook, exchanged cell phone
10 numbers, and began t0 exchange text messages with LS.
11 d) Namitz's electronic communications with LS became student — teacher
12 inappropriate and sexually explicit; some examples include:
13 ~ “I just wanted to let you know that I think you’re sweet”
l4 0 “Bitch”
15 0 “You swallow and probably felch”
16 I “Why don’t you do us a favor and go fiddle the bean. It’ll put a smile on
17 your face...maybe even help you sleep.”
‘ 18 I “What would you prefer? Masturbate? “Rub one out?”
l 19 0 “Felching isn’t the best thing to be known for”
20 e “Pinching your nips might help with boredom and lameness”.
21 e) On February 23, 2011, LS sent Namitz a message asking what hotel Namitz and
22 the team were staying at. Namitz replied by informing her which hotel he was at
23 and provided LS a Google with directions t0 the hotel.
24 f) On April 4, 2011, Namitz responded t0 a text message from LS involving a
25 discussion the two of them were having about teachers who have sex with
26 students. Namitz’s reply included, ‘Tm on your side...n0t 0k behavior. But I can
27 see where the line gets slippery....Still nothing good can come from it.... Except
28 the sex itself, of course. But if you ask anyone 0f the people that got caught if it
29 was worth it, they would say no."
PAGE 2-DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPLY - NAMITZ, RUSSELL ALLEN

1 g) Namitz sent LS a MHS wrestling shirt as a gift. Namitz later sent LS a message
2 stating, “BTW, I d0n’t want to get you into moral trouble with your coaches or
3 , team. No need t0 wear the shirt to regional’s...it’s enough that you have it.”
4 3. Namitz refused to comply with requests by the Commission to meet with their investigator
5 to be interviewed and / or provide documents as required.
6 4. On April 20, 2012, Namitz resigned from employment with the Coos Bay School
7 District.
8
9 CONCLUSIONS OF LAW
10
11 Namitz’s conduct described in section two (2) above constitutes gross neglect of
12 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates
13 OAR 584-02o-oo1o(5) (Use professional judgment) ; OAR 584-020-0040(4)(o) as is
14 incorporates OAR 584-020-0035(1)(c)(A) (Not demonstrating or expressing
15 professionally inappropriate interest in a student's personal life), OAR 584-020-
l6 OO35(1)(c)(B) (Not accepting 0r giving or exchanging romantic or overly personal
l7 gifts or notes with a student), OAR 584-020-0035(1)(c)(D) (Honoring appropriate
18 adult boundaries with students in conduct and conversation at all times); and OAR
19 584-020-0040(4)(f) (Any sexual conduct with a student). The Commission may rely 0n
2O the definitions of sexual conduct in ORS 339.370(9) and OAR 584-020-0005(5).
21
22 Namitz’s conduct described in section three (3) above constitutes gross neglect of
23 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(p) (Subject to the
24 exercise of any legal right or privilege, failure or refiisal by an educator under
25 investigation to respond to requests for information, to furnish documents or to
26 participate in interviews with a Commission representative relating to a Commission
27 investigation)
28
29 The Commission’s authority to impose discipline in this matter is based upon ORS
30 342.175.
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY _ NAMITZ, RUSSELL ALLEN

I
I 1 .
l 2 FINAL ORDER
3 The Commission hereby revokes Russell Allen Namitz’s right to apply for an ,
I
4 educator license. l
5 IT IS so ORDERED THIS Zq'nday of May, 2014.
6 TEACHER STANDARDS AND PRACTICES COMMISSION
7
8
9 By: —
10 Victoria Chamberlain, Executive Director
ll
l2 NOTICE OF APPEAL OR RIGHTS
l3
14 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
15 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
l6 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
l7 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4~DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPLY - NAMITZ, RUSSELL ALLEN

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:
Russell Allen Namitz
1891 N Keene Way DR, Apt C
Medford, OR 97504-3411
Dated this Z? lutday of May, 2014.
By:
atty ' ell
PAGE 1- CERTIFICATE OF MAILING- NAMITZ, RUSSELL ALLEN 1