1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 JOSEPH RILEY DABBS ) PUBLIC REPRIMAND 6 7 8 On December 19, 2013, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Joseph Riley Dabbs (Dabbs) in which the 10 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class l 1 Mail and U.S. Certified Mail Receipt 7012 1010 0003 2804 2421 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a 13 prima facie case. The Certified Mail was returned to the Commission signed as received, on 14 December 26, 2013. The regular mail was not returned to the Commission. The Notice of 15 Opportunity of Hearing, dated December 19, 2013, and signed by Victoria Chamberlain, 16 Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 Dabbs did not request a hearing. The Commission, therefore, finds Dabbs to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Joseph Riley Dabbs has been licensed by the Commission since March 22, 2005. Dabbs’ 30 Initial I Teaching License, with an endorsement in Physical Education (ML/ HS; ECE/ELE 31 L), was issued October 2, 2013, and expires on March 23, 2017, Dabbs’ Career and Technical 32 Education License, with endorsements in Information and Communications (CTE/ HS) and 33 Visual Performing and Media (CTE/ HS), was issued on May 12, 2012, and expires on May 4, 34 2015. During all relevant times, Dabbs was employed by the Jackson County School District. 35 2. On Apri1 30, 2012, the Commission was notified by the Jackson County School District that Dabbs l 36 may have violated professional standards by the misuse of sick time. The Commission conducted an 37 investigation and learned that on February 29, 2012, the Jackson County School District issued 38 Dabbs a disciplinary memorandum, including a one day suspension without pay, for Dabbs’ misuse 39 of district sick time, failing to follow district policy and directives related to accurate and timely PAGE 1-DEFAULT ORDER PUBLIC REPRIMAND- DABBS, JOSEPH RILEY 1 accounting of his time off and absences, and a history of exhibiting poor judgment as documented in 2 previous written reprimands and directives. Commission investigation determined that on 3 February 9, 2012, Dabbs took a full day of work off as “Personal Illness”. Dabbs admitted to 4 investigators that on this date, he arranged and attended a personal meeting with an administrator 5 of another high school. Dabbs’ meeting was t0 promote the free software product “The Dot," which 6 Dabbs was personally associated with and is not related to his school district employment. 7 CONCLUSIONS OF LAW 8 Dabbs’s conduct described above constitutes gross neglect of duty in violation of ORS 9 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use 10 professional judgment), and OAR 584-020-0025(2)(e) (Using district lawful and reasonable 1 1 rules and regulations). 12 The Commissions authority to impose discipline in this matter is based upon 13 ORS 342.175. 14 FINAL ORDER 15 The Commission hereby issues a Public Reprimand upon Joseph Riley Dabbs’ educator l6 licenses. 17 IT IS SO ORDERED THIS a Inkday of February, 2014. 18 TEACHER STANDARDS AND PRACTICES COMMISSION l9 By: 2O Victoria Chamberlain, Executive Director 21 22 23 NOTICE OF APPEAL OR RIGHTS 24 25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 26 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 27 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 28 THE OREGON COURT OF APPEALS. I PAGE 2-DEFAULT ORDER PUBLIC REPRIMAND- DABBS, JOSEPH RILEY CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing US. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Joseph Riley Dabbs 276 Rockfellow PI , Talent, OR 97540-9708 Dated this 52 deay of February, 2014. By: ' I Pa iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- DABBS, JOSEPH RILEY