BEFORE THE TEACHER STANDARDS AND PRACTICES COIVIMISSION
OF THE STATE OF OREGON
In the Matter of the )
Teaching License of ) FINAL ORDER
)

KHALIL TAMIR EDWARDS ) Case No. 1102293

On August 5, 20011, Senior Administrative Law Judge Ken L. Betterton issued a Ruling
on Summary Determination and Proposed Order in this case.

The Teacher Standards and Practices Commission adopts in its entirety the Findings of
Fact, Conclusions of Law and Order contained in the attached Ruling on Summary
Determination and Proposed Order.

m

The Commission adopts the Ruling on Summary Determination and Proposed Order that
revokes Khalil Tamir Edward’s teaching license and revokes his right to apply for a license.

Dated this 2 day of November 2011.

TEACHER STANDARD AND PRACTICES COMMISSION
WMM
Victoria Chambe ' , cutive Director
NOTICE: You are entitled to judicial review of this Final Order pursuant to the provisions of
ORS 183.480. Judicial review may be obtained by filing a petition in the Oregon Court of
Appeals. The petition must be filed within 60 days from the date of service of this Final Order.
PAGE l — FINAL ORDER — Khalil Tamir Edwards

, . . . Q ,Q'/ l
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF OREGON
for the
TEACHER STANDARDS AND PRACTICES COMMISSION
IN THE MATTER OF THE TEACHING ) RULING ON SUMMARY
LICENSE OF: ) DETERMINATION AND
) PROPOSED ORDER
)
KHALIL TAMIR EDWARDS ) OAH Case No.: 1102293
HISTORY 0F THE CASE

On January 24, 2011, the Teacher Standards and Practices Commission (TSPC)
issued a Notice of Opportunity for Hearing to Khalil Tarnir Edwards (Licensee), seeking
to revoke his teaching license for violating laws regarding his licensure. Licensee filed a
request for hearing on February 10, 2011.

TSPC referred the case to the Office of Administrative Hearings on April 5, 2011.
The case was assigned to Senior Administrative Law Judge Ken L. Betterton.

A telephone pre-hearing conference was held on May 31, 201 l. TSPC was
represented by Assistant Attorney General Raul Ramirez. Licensee did not appear. The
case was scheduled for hearing on September 1, 2011.

On June 17, 2011, TSPC filed a Motion for Summary Determination. Licensee
did not file a response to the motion.

ISSUE
Whether Licensee committed gross unfitness and should have his teaching license
. revoked under ORS 342.175 and OAR 584-020-0040.
DOCUMENTS CONSIDERED FOR THE RULING
Exhibits A through D, presented by TSPC, were made a part of the record.
BASIS FOR THE MOTION

TSPC asserts that there is no genuine issue of material fact that Licensee’s
teaching license should be revoked for gross unfitness as a result of a conviction for
sodomy in the third degree.

In the Matter of Khalil Tamir Edwards, OAH Case N0. 1 102293
Page 1 of 5

FACTS RELEVANT TO THE RULING

(1) Licensee has been licensed as a teacher in Oregon since August 30, 2007.
(Ex. A.) His current Initial I Teaching License was issued August 30, 2007 and was valid
through December 1, 2010. (Ex. B.)

(2) While performing a routine criminal background check on Licensee in
September 2010, TSPC staff discovered that Licensee was convicted of sodomy in the
third degree in Multnomah County Circuit Court, Portland, Oregon on April 28, 2008. .
(Ex. C.) Sodomy in the third degree (ORS 163.385) is a Class C felony. (Ex. D.)

(3) Licensee was charged with performing oral sex on a 15-year-old male on
November 21, 2007. Licensee entered a guilty plea t0 the charge. He received a
sentence of supervised probation for three years. Under his conditions of probation,
Licensee is prohibited from unsupervised contact with minors and banned from places
frequently designed for the primary use of children, such as parks and schools, without
first obtaining written permission. Licensee is also required to register as a sex offender

‘ under Oregon law. (Ex. D.)
SUMMARY DETERMINATION

OAR 137-003-0580 governs motions for summary determination. That
administrative rule provides, in relevant part:

(6) The administrative law judge shall grant the motion for a summary

determination if:

(a) The pleadings, affidavits, supporting documents
(including any interrogatories and admissions) and the record
in the contested case show that there is no genuine issue as to
any material fact that is relevant to resolution of the legal
issue as to which a decision is sought; and
(b) The agency or party filing the motion is entitled to a
favorable ruling as a matter of law.
(7) The administrative law judge shall consider all evidence in a manner
most favorable to the non-moving party or non-moving agency.
(8) Each party or the agency has the burden of producing evidence on any
issue relevant to the motion as to which that party or the agency would
have the burden of persuasion at the contested case hearing.
(9) A party or the agency may satisfy the burden of producing evidence
through affidavits. Affidavits shall be made on personal knowledge,
establish that the affiant is competent to testify to the matters stated therein
and contain facts that would be admissible at the hearing.
In the Matter 0f Khalil Tamir Edwards, OAH Case No. 1102293
Page 2 of 5

(10) When a motion for summary determination is made and supported as

provided in this rule, a non-moving party or non-moving agency may not

rest upon the mere allegations, or denials contained in that party’s or

agency’s pleading.

(l 1) The administrative law judge’s ruling may be rendered on a single

issue and need not resolve all issues in the contested case.

(12) If the administrative law judge’s ruling on the motion resolves all

issues in the contested case, the administrative law judge shall issue a

proposed order * * * incorporating that ruling * * *.

CONCLUSION OF LAW

Licensee committed gross unfitness and his teaching license should be revoked

under ORS 342.175(l)(c) and OAR 584-020-0040.
OPINION

TSPC contends that it is entitled to summary determination as a matter of law
because there is no genuine issue of material fact that Licensee committed gross unfitness
under ORS 342.175(l)(c) and OAR 584-020-0040 as a result of his conviction for
sodomy in the third degree.

Because TSPC filed the Motion for Summary Determination, I must consider the
evidence in a manner most favorable to the non-moving party, i. e., Licensee. OAR 137-
003-0580(7).

ORS 342.175(1)(c) states that TSPC may discipline a teacher for gross unfitness.
Gross unfitness is defined in OAR 584-020-0040(5) “any conduct which renders an
educator unqualified to perform his or her professional responsibilities.”

OAR 584-020-0040(5)(d) states that gross unfitness includes commission of a
crime listed in OAR 584-020-0040(1). Sodomy in the third degree (ORS 163.385) is a
crime listed in OAR 584-020-0040(1)(h).

OAR 584-020-0040(5)(c) states that a conviction for violating any federal, state
or local law is evidence of gross unfitness.

Licensee was convicted of sodomy in the third degree. A condition of his
sentence included no unsupervised contact with minors. A conviction for sodomy in the
third degree is evidence of gross unfitness. OAR 584-020-0040(5)(c) and (d).

Licensee did not file a response to TSPC’s Motion for Summary Determination.
There is no genuine issue of material fact that Licensee committed gross unfitness and
that his teaching license should be revoked.

In the Matter of Khalil Tamir Edwards, OAH Case No. 1102293
Page 3 of 5

RULING ON SUMMARY DETERMINATION
TSPC’s Motion for Summary Determination is granted.
ORDER
I propose TSPC issue the following order:
TSPC’s decision t0 revoke Khalil Tarnir Edwards’s teaching license is affirmed.
Ken L. Betterton
Senior Administrative Law Judge
Office of Administrative Hearings
EXCEPTIONS
The proposed order is the Administrative Law Judge's recommendation to the
Teacher Standards and Practices Commission. If you disagree with any part of this
proposed order, you may file written objections, called "exceptions," to the proposed
order and present written argument in support of your exceptions. Written argument and
exceptions must be filed within fourteen (l4) days after mailing of the proposed order
with the:
Teacher Standards and Practices Commission
465 Commercial Street, NE
Salem, Oregon 97301
‘ The Commission need not allow oral argument. The Executive Director may
permit oral argument in those cases in which the Director believes oral argument may be
appropriate or helpful to the Commissioners in making a final determination. If oral
argument is allowed, the Commission will inform you of the time and place for
presenting oral argument.
In the Matter of Khalil T amir Edwards, OAH Case No. 1 102293
Page 4 of 5

CERTIFICATE OF MAILING

On August 5, 2011, I mailed the foregoing Ruling on Summary Determination and
Proposed Order issued on this date in OAH Case No. 1102293.
By: First Class and Certified Mail
Certified Mail Receipt # 7011 0470 0002 8820 0673
Khalil T. Edwards
PO Box 11668
Portland OR 9721 1-0668

By: First Class Mail

George Finch

Teacher Standards & Practices Commission

465 Commercial Street NE

Salem OR 97301

Raul Ramirez

Assistant Attorney General

Department of Justice

1162 Court St NE

Salem OR 97301-4096

Carol Buntjer

Administrative Specialist

Hearing Coordinator

In the Matter of Khalil T amir Edwards, OAH Case No. 1102293
Page 5 of 5

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Ruling On Summary Determination And
Proposed Order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail —
Return Receipt Requested, addressed to:
Khalil Tamir Edwards
PO Box 11668
Portland, OR 97211
DATED this ,5/ day of December, 2011.
Pfltidden
Investigative Assistant
CERTIFICATE OF MAILING - EDWARDS, KHALIL TAMIR