1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT SUSPENSION OF 5 Teaching License of ) RIGHT TO APPLY 6 JACOB ALLAN GREENE ) 7 8 On February 1, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Jacob Allan Greene (Greene) in which the 10 Commission charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n), 11 OAR 584-020—oo10(5), OAR 584-020-oo4o(4)(o), OAR 584-020-0035(3)(a), OAR 584-020- 12 0040(5)(c), OAR 584-020-004o(5)(e). The Notice was sent via U.S. First Class Mail and U.S. 13 Certified Mail Receipt 7010 0290 0001 6831 2226 to the address on file with the Commission. 14 The Certified Mail was signed for by Jacob Greene on February 9, 2011. The regular mail was 15 not returned to the Commission. The Notice of Opportunity of Hearing, dated February 1, 2011, 16 and signed by Victoria Chamberlain, 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 WAIVED 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 Greene did not request a hearing. The Commission, therefore, finds Greene to be in default and 26 enters the following findings 0f fact, conclusions of law and order, based on the files and records 27 of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Greene has been licensed as a teacher in Oregon since January 8, 2009. Greene’s current 30 Initial I Teaching License, issued on January 8, 2009, expired 0n July 8, 2010. 31 2. On January 29, 2010, in the Circuit Court of Clatsop County, Greene was convicted 0f Theft 32 in the First Degree (ORS 164.055) a class C felony, and Conspiracy to Commit a Class C 33 Felony, Theft 1 (ORS 161.450(2)(c)), a class C felony. These convictions were the result of 34 Greene’s involvement in an organized theft scheme at the Warrenton Fred Meyer Store. 35 Greene admitted to stealing $4,700 in merchandise. 36 / / / PAGE 1-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY - GREENE, JACOB ALLAN 1 CONCLUSIONS OF LAW 2 Jacob Allan Greene's conduct as described in #2 above constitutes gross neglect of duty 3 in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020- 4 0010(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR 584- 5 020-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law, 6 exemplifying personal integrity and honesty). Jacob Allan Greene’s conduct also constitutes 7 gross unfitness in violation of ORS 342.175(1)(c); OAR 584-o2o-oo4o(5)(c) (Conviction of 8 violating any federal, state, or local law. A conviction includes any final judgment 0f 9 conviction by a court whether as the result of guilty plea, no contest plea or any other means) 10 and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, 11 even in the absence of a conviction). 12 The Commission’s authority t0 impose discipline in this matter is based upon ORS 13 342.175. l4 FINAL ORDER 15 The Commission hereby suspends Jacob Allan Greene’s right to apply for a license for 16 one year. , 7110 17 IT IS SO ORDERED THIS /é day of May, 2011. 18 TEACHER STANDARDS AND PRACTICES COMMISSION 19 20 Z; é g 2 é 1% ‘ 21 By: W) 22 Victoria Chamber ' , xecutive Director 23 24 25 26 27 NOTICE OF APPEAL OR RIGHTS 23 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 3O OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 31 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 T0 3% THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY — GREENE, JACOB ALLAN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice 0f final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Jacob Allan Greene 335 Avenue K, Apt. 1 /_ 3 I" Seaside, OR 97138-5565 Dated this day of June, 2011. / .07, By: 'A Illfllln r 11 4v’ l Mel dy Ha I. u Exeutive . wt PAGE I- CERTIFICATE OF MAILING—GREENE, JACOB ALLAN