1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 . 4 In the Matter of the Educator ) DEFAULT ORDER OF DENIAL OF 5 License 0f ) APPLICATION AND REVOCATION OF 6 BRIAN FRANKLIN LONG) ) RIGHT TO APPLY ‘ 7 i 8 l 9 On October 31, 2013, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Brian Franklin Long (Long) in 11 which the Commission charged him with Gross Neglect of Duty. The Notice was sent via I 12 U.S. First Class Mail and U.S. Certified Mail Receipt 7012 1010 0003 2804 2186 t0 the I 13 address on file with the Commission. The Notice designated the Commission file as the I 14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned to l 15 the Commission “signed” on November 4, 2013. The first class mail was not returned to the i 16 Commission. The Notice of Opportunity of Hearing, dated October 31, 2013, and signed by I l7 Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 2O UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 On December 22, 2013, Long requested a hearing. Knowing that Long was under 27 investigation for alleged misconduct in the State of Arizona, Long’s case was placed in “other 28 venue” pending the outcome of the Arizona investigation. On May 9, 2014 the Commission 29 received a letter from Long’s attorney advising that Long was withdrawing his application to 30 become a licensed educator in the State of Oregon and withdrawing his request for a 31 hearing. The Commission, therefore, finds Long to be in default and enters the following 32 findings of fact, conclusions of law, and final order, based on the files and records 0f the 33 Commission concerning this matter. 34 FINDINGS OF FACT 35 1. The Commission has licensed Long since July 26, 2007. Long previously held an 36 Initial I Teaching License with endorsements in Multiple Subjects (MIDLVL) and 37 Social Studies (HS, ML), was issued on July 26, 2007, and expired on June 24, 2011. PAGE 1-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY- LONG, I BRIAN FRANKLIN I 1 On March 21, 2012, TSPC received Long’s application for a Substitute Teaching I 2 License, which was placed on hold pending the outcome of a professional practices 3 investigation. L0ng’s license status is currently “Expired”. During all relevant times, 4 Long was employed by the Holbrook High School, District 3, in the State of Arizona. 5 6 2. On Long’s March 21, 2012, renewal application, Long self-reported being under 7 investigation by the Arizona State Board 0f Education for possible professional 8 practices violations. The Arizona allegations include allowing a female student to 9 visit Long in his residence 0n multiple occasions, and Long sending and receiving 10 personal text messages to/from this student. Other Arizona students reported t0 11 school administrators that Long and the student were involved in an inappropriate 12 relationship. The Arizona investigation was concluded on April 10, 2014, when Long 13 submitted a notarized affidavit surrendering his Arizona teaching certificate. When 14 finalized, Arizona’s investigation alleged that Long had engaged in an inappropriate 15 sexual relationship with an 18-year-old student. 16 17 CONCLUSIONS 0F LAW 18 Brian Franklin Long engaged in unprofessional conduct as described above. This 19 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020- 20 0040(4)(n) as it incorporates OAR 584-020—0010(5) ( Use professional judgment); and 21 OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring 22 appropriate adult boundaries with students in conduct and conversations at all times). 23 According t0 OAR 584-050-0006(3)(d), The Executive Director may deny issuance 0f 24 a license, certificate or registration, renewal of a license, certificate or registration; 0r 25 reinstatement of a license, certificate or registration under the conditions set forth in 26 subsection (3); Notice of denial and right to a hearing may be issued by the Executive 27 Director when any of the following conditions exist: (d) The Executive Director has evidence 28 that the applicant may lack fitness to serve as an educator. The conduct alleged above also 29 fails t0 establish fitness to hold a teaching license in Oregon as provided under ORS 30 342.143(2) (good moral character; mental and physical health as the Commission may 31 require to establish fitness). PAGE 2-DEFAULT ORDER OF DENIAL 0F APPLICATION AND REVOCATION OF RIGHT TO APPY- LONG, BRIAN FRANKLIN I 1 l 2 The Commission’s authority to impose discipline in this matter is based upon ORS 3 342.175. 4 FINAL ORDER 5 The Commission hereby denies Long’s application for licensure and revokes Brian 6 Franklin Long’s Right to Apply for an Educator License. 7 IT IS so ORDERED THIS filmy of May, 2014. 8 TEACHER STANDARDS AND PRACTICES COMMISSION MW/ ' 9 By: — 10 Victoria Chamberlain, Executive Director ll 12 NOTICE OF APPEAL OR RIGHTS 13 l4 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 15 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 16 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE l7 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 32 33 34 l PAGE 3-DEFAULT ORDER OF DENIAL 0F APPLICATION AND REVOCATION OF RIGHT TO APPY- LONG, BRIAN FRANKLIN 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: Brian Franklin Long 1245 Edgewater Lane {4t Cottage Grove, OR 97424-3114 Dated this a ‘day of May, 2014. I By: Li 1 Investigative Assistant I PAGE 1- CERTIFICATE OF MAILING- LONG, BRIAN FRANKLIN