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 THIRTY DAY

5 WILLIAM DANIEL VANDE'ITA ) SUSPENSION OF RIGHT TO APPLY

6 ) FOR EDUCATOR LICENSE

7

8

9 On December 13, 2013, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to William Daniel VanDetta (VanDetta) 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 7012 1010 0003 2804 2353 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, t0 the Commission 0n December
15 31, 2013. The regular mail was not returned to the Commission. The Notice of Opportunity of
16 Hearing, dated December 13, 2013, 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. IF
20 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE
21 COMMISSION \NILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE
22 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
23
24 VanDetta did not request a hearing. The Commission, therefore, finds VanDetta to be in default and
25 enters the following findings 0f 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. William Daniel VanDetta has been licensed by the Commission since September 29, 2009.
29 VanDetta held an Initial Teaching License, issued September 29, 2009, with endorsements in

1 3O Multiple Subjects Self-Contained (ECE/ELE), and Multiple Subjects (MIDLVL), which expired
i 31 on March 29, 2011. VanDetta did not apply for renewal.
32 1. On June 22, 2012, The Commission received information from the National Association of State
33 Directors of Teacher Education and Certification (NASDTEC) indicating that the California
34 Commission on Teacher Credentialing (CCTC) had taken action to suspend VanDetta’s California
35 teaching credentials for a period 0f fourteen days. Related reports from CCTC indicated
36 VanDetta was suspended due to an incident in the classroom and a resulting criminal conviction
37 for “Disturbing the Peace”. The NASDTEC and CCTC reports triggered a referral investigation
38 with the Commission.
PAGE 1-DEFAULT ORDER OF 3O DAY SUSPENSION OF RIGHT TO APPLY FOR LlCENSURE- VANDETTA,
WILLIAM DANIEL

1 2. A review of VanDetta’s original, August 25, 2009, C-1 application to the Commission for Oregon
2 licensure indicated VanDetta answered “yes” t0 character question 8, which asked if VanDetta
3 had ever been convicted of or been granted a conditional discharge for any misdemeanor, felony
4 or major traffic violation. VanDetta also answered “yes” to character question 10, which asks if
5 VanDetta had ever pled guilty or no contest to any charge for an offense listed in question 8. As
6 part of VanDetta’s application, VanDetta provided court records but failed to provide a written
' 7 explanation of the events resulting in the “Disturbing the Peace” conviction. The Commission
8 requested VanDetta’s explanation, which VanDetta provided on September 4, 2009. VanDetta’s
9 written explanation described a July 2008, domestic event where VanDetta pushed his 14 year
10 old stepson. This event, as described by VanDetta, did not occur in the classroom or otherwise
1 l relate t0 teaching, but VanDetta was sentenced to take a classroom management course. On
12 follow up, VanDetta advised that the courts wanted him t0 take the class to ensure VanDetta’s
13 “anger issues” did not carry over to the classroom. On November 15, 2012, investigators received
14 the investigation reports related to the court documents VanDetta had provided as part of his
15 2009 application, case BAM036840. Review of these documents indicated that the conviction
16 VanDetta reported, “Disturbing the Peace”, was a result of a classroom incident occurring on
17 July 9, 2008. This incident involved a female first grade student in VanDetta’s California
18 classroom who complained that while VanDetta recovered an eraser from under her desk,
19 VanDetta twice pinched her leg/ thigh area. Investigators have been unable to locate any
20 documents 0r reports regarding the domestic incident VanDetta described in his written
21 explanation. Investigators have made requests to VanDetta to provide official documents related
22 t0 VanDetta’s domestic incident explanation, and VanDetta advised that he has been unable to
23 locate any records of the event. Investigation has determined that VanDetta’s original
24 explanation for his criminal conviction as related to VanDetta’s “Yes” answers on his 2009
25 application are not consistent with the facts of the event in question, making this part of
26 VanDetta’s application a falsification and misrepresentation of the facts.
‘ 27
28 CONCLUSIONS 0F LAW
29 VanDetta’s conduct described above, constitutes gross neglect of duty in violation of ORS
30 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional
31 judgment); and OAR 584-020-oo4o(4)(c) (Knowing falsification of any document or knowing
32 misrepresentation directly related to licensure, employment, or professional duties).
33
34
PAGE 2-DEFAULT ORDER OF 30 DAY SUSPENSION OF RIGHT TO APPLY FOR LICENSURE- VANDETTA,
WILLIAM DANIEL

1
2 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
3
4 FINAL ORDER
5
6 The Commission hereby suspends William Daniel VanDetta’s right to apply for licensure for
7 a period of thirty (3o) days, t0 begin upon the date this order is signed and in effect.
s IT 1s so ORDERED THIS Z? MILday of February, 2014.
9 TEACHER STANDARDS AND PRACTICES COMMISSION
10 By:
11 Victoria Chamberlain, Executive Director
12
13
14
15 NOTICE OF APPEAL OR RIGHTS
16
17 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
18 OBTAINED BY FILING A PETITION FOR REVIEW INITHIN 60 DAYS FROM THE SERVICE OF
19 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
20 THE OREGON COURT OF APPEALS.
I
I
PAGE 3-DEFAULT ORDER OF 30 DAY SUSPENSION OF RIGHT TO APPLY FOR LICENSURE- VANDETTA,
WILLIAM DANIEL

CERTIFICATE OF MAILING
| hereby certify that l served the foregoing notice of final order, certified by me as such, by mailing U.S.
First Class Mail and U.S. Certified Mai|—Return Receipt Requested, addressed to:
William Daniel VanDetta
3737 SW 87"“ Ave, Apt 18
Portland, OR 97225-2864
Dated this LQ ML’ day of February, 2014.
. / I,’ j
By:
atty _ dell
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— VANDETTA, WILLIAM DANIEL