1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

i In the Matter of the ) DEFAULT ORDER OF

5 Teaching License of ) REVOCATION OF RIGHT TO

6 BLAS E ELGUEZABAL ) APPLY FOR LICENSURE

Z

9 On July 1, 2009, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Blas E. Elguezabal (Elguezabal) in which the
11 Commission charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(d), (n)
12 and (o). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7008
13 1140 0002 8580 9393 to the address on file with the Commission. The U.S. Postal Service
14 returned the certified mail receipt, signed by Elisha Elguezabal, to the Commission on July 6,
15 2009. The Notice of Opportunity of Hearing, dated July 1, 2009, and signed by Victoria
16 Chamberlain, Executive Director, stated:
17 “You, Bias E. Elguezabal are entitled to a hearing on the proposed action of the
18 Commission. If you want a hearing, you must file a written request for a hearing with the
19 Commission within 21 days of the date of this notice."
g? Mr. Elguezabal did not request a hearing. The Commission, therefore, finds Mr. Elguezabal to
22 be in default and enters the following findings of fact, conclusions of law and order, based on
23 the files and records of the Commission concerning this matter.
24 FINDINGS 0F FACT
25 1. Mr. Elguezabal held a Restricted Transitional Teaching License from September 1,
26 2004 to September 1, 2007. He did not renew this license when it expired.
27 2. On or about October 6, 2008, while employed as a teacher at Open Bible Christian
28 School (OBCS) in Newberg, Oregon, Mr. EIguezabal engaged in a conversation with
29 SK, a 13 year old female student at OBCS, via text messaging. The content of the text
3O messages included comments such as, “I'm way hotter then (sic) them . . . And you
31 Know lt;” "So who did you make out with . .?" “How far have you gone with a guy
32 anyway." He admitted texting SK and making these inappropriate comments.

PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - BLAS E. ELGUEZABAL

1 3. On or about July 17, 2008, three 12 year old girls in Milwaukie, Oregon, filed a
2 complaint with the Clackamas County Sheriff, alleging that Mr. Elguezabal approached
3 them outside an elementary school and asked them if they liked college guys, if they
4 liked to party, and requesting their phone numbers. Mr. Elguezabal admitted initiating a
5 conversation with these girls, giving them his business card, and asking them to party
6 with him.
7 4. On more than one occasion between March and July, 2008, Mr. Elguezabal conducted
8 conversations of a sexual nature with underage girls through the internet. specifically
9 through a MySpace account. He admitted to engaging in this conduct.
10 CONCLUSIONS OF LAW
11 Sending text messages to a student as described in paragraph 2 above constitutes
12 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(0) as it
13 incorporates OAR 584-020-0035(1)(c)(A) and (D) (Expressing professionally inappropriate
14 interest in a student’s personal life; Not honoring appropriate adult boundaries with students in
15 conduct and conversations at all time).
16 Speaking with three underage girls as described in paragraph 3 above constitutes gross
17 unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5) (... when such conduct bears
18 a demonstrable relationship to the educators ability to fulfill professional responsibilities
19 effectively).
20 Engaging in conversations with underage girls through the internet as described in
21 paragraph 4 above constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-
22 0040(5) (...when such conduct bears a demonstrable relationship to the educator's ability to
23 fulfill professional responsibilities effectively).
24 ///
25 ///
26 / //
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - BLAS E. ELGUEZABAL

1 FINAL ORDER
2 The Commission hereby revokes Blas E. Elguezabal’s right to apply for a teaching
3 license. -
4 IT IS SO ORDERED THIS 422%“), of August, 2009.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6
7
g B - M/
9 \hctoria Ch , Executive Director
10
11
12
13
14 NOTICE OF APPEAL OR RIGHTS
15
16 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. TUDICIAL REVIEW MAY
17 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
18 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
19 ORS 183.482 TO THE OREGON COURT OF APPEALS.
20
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - BLAS E. ELGUEZABAL ‘

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:
Bias E. Elguezabal
611 E Hancock St Apt 3
‘41L Newberg OR 97132
Dated thisé// day of May 2010.
I.‘ I
By: 111ml!!!’ 011.1
Mel I y Hans
Exe tive As Q ant
PAGE 1- CERTIFICATE OF MAILING-BLAS E. ELGUEZABAL