1 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
1 2 OF THE STATE OF OREGON
l 3
4 In the Matter of the Educator License of ) DEFAULT ORDER OF
5 JAMES BROUGHAM DINSDALE ) REVOCATION OF RIGHT TO
6 ) APPLY FORAN EDUCATOR LICENSE
7
8
9 On June 28, 2013, the Teacher Standards and Practices Commission (Commission) issued a
10 Notice of Opportunity for Hearing to James Brougham Dinsdale (Dinsdale) in which the
1 1 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail
12 and U.S. Certified Mail Receipt 7011 2ooo 0001 1282 3794 to the address on file with the
13 Commission. The Notice designated the Commission file as the record for purposes of proving a
14 prima facie case. The Certified Mail receipt was returned, signed to the Commission on July 10,
15 2013. The regular mail was not returned to the Commission. The Notice of Opportunity of Hearing,
16 dated June 28, 2013, and signed by Victoria Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
l 8 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR
19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF
20 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE
21 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE
22 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
23
24 Dinsdale did not request a hearing. The Commission, therefore, finds Dinsdale to be in default and
25 enters the following findings of fact, conclusions of law, and final order, based on the files and
26 records of the Commission concerning this matter.
27 FINDINGS OF FACT
28 1. James Brougham Dinsdale has been licensed by the Commission since October 11, 2007.
29 Dinsdale’s Initial I Teaching License, with endorsements in Multiple Subjects (MIDLVL), Basic
3O Mathematics (HS, ML), Chemistry (HS, ML), and English for Speakers of Other Languages
31 (ML/HS), was issued September 12, 2008, and expired on November 19, 2011. During all
32 relevant times, Dinsdale was not employed by any Oregon School District.
33 2. On August 24, 2012, the Commission learned that on March 1, 2012, Dinsdale had been arrested
34 for shoplifting. The Commission further learned that on August 14, 2012, Dinsdale was convicted
35 of Theft III, a class C misdemeanor, for the March shoplifting incident. Commission
36 investigators attempted to contact Dinsdale for an interview regarding the incident. Dinsdale
37 failed to contact or cooperate with the investigators as required.
3 8
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- DINSDALE, JAMES v
BROUGHAM

1
2 concwsrons OF LAW 1
3 Dinsdale’s conduct described above constitutes gross neglect of duty in violation of ORS
4 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional
5 judgment); OAR 584-020-oo4o(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain the
6 dignity of the profession by respecting and obeying the law, exemplifying personal integrity and
7 honesty) . This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-
, 8 020-0040(5)(p) (Subject t0 the exercise of any legal right or privilege, failure or refusal by an
9 educator under investigation to respond to requests for information, to furnish documents or to
10 participate in interviews with a Commission representative relating to a Commission
11 investigation), and OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local
12 law. A conviction includes any final judgment of conviction by a court whether as the result of
13 guilty plea, no contest plea or any other means).
14
15 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
16 FINAL ORDER
17 The Commission hereby revokes James Brougham Dinsdale’s Right to Apply for an Educator
18 licensure. 9/
19 IT rs so ORDERED THIS .Z/‘o? " day of October, 2013.
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 By: ——__—_
22 Victoria Chamberlain, Executive Director
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
27 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
28 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
29 THE OREGON COURT OF APPEALS. t
‘ PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- DINSDALE, JAMES
BROUGHAM

CERTIFICATE OF MAILING
l hereby certify that l sewed 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:
James Brougham Dinsdale
21888 S Fellows RD
Estacada, OR 97023-9636
Dated this Q26; "0/ day of October, 2013.
By:
Pa iddell
Investigative Assistant
PAGE 1— CERTIFICATE OF MAILING- DINSDALE, JAMES BROUGHAM