l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter 0f the ) DEFAULT ORDER

5 Charter School ) 90 DAY SUSPENSION OF RIGHT

6 Registry 0f ) TO APPLY FOR LICENSE /

7 TROUT, GARYALAN ) CHARTER SCHOOL REGISTRY

8

9 On April 25, 2012, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Gary Alan Trout (Trout) in which the Commission
ll charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S.
12 Certiﬁed Mail Receipt 7011 2000 0001 1292 2183 to the address on ﬁle with the Commission.
l3 The Notice designated the Commission ﬁle as the record for purposes of proving a prima facie
l4 case. The Certiﬁed Mail was signed for on April 27, 2012. The regular mail was not returned to
15 the Commission. The Notice of Opportunity 0f Hearing, dated April 25, 2012, and signed by
16 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
l9 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 Trout did not request a hearing. The Commission, therefore, ﬁnds Trout t0 be in default and
26 enters the following ﬁndings of fact, conclusions of law and order, based on the ﬁles and records

I 27 of the Commission concerning this matter.
28 FINDINGS OF FACT
29 1, Trout has never been licensed as a teacher in Oregon. On June 2, 2010, the Commission
30 received a letter from Elkton Charter School seeking assistance in registering Trout as a
31 registered Charter School teacher. The Commission received Trout’s application for Charter
32 School Registry on June 4, 2010.
33 2. On June 20, 2010, and July 15, 2010, the Commission sent Trout letters informing him that
34 his application was incomplete for lack of information from the school district and lack of
35 required ﬁngerprints. 0n July 15, 2010, the Commission sent Elkton Charter School a letter
36 indicating that TSPC had not received Trout’s ﬁngerprints. On September 3, 2010, Trout’s
37 application was closed for failure to respond t0 requests for information from the
38 Commission (phone, email, or mail), and Trout’s failure to provide required ﬁngerprints.
39 3. On February 1, 2011, the Elkton Charter School contacted the Commission again regarding Trout’s
4O application. At this time, the Commission ascertained that Trout was employed with the Charter ‘
PAGE 1-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE / CHARTER SCHOOL i
REGISTRATION — TROUT, GARY

l School as a Physical Education teacher and boys coach. On or about August 2, 2011, the Elkton
2 Charter School informed the Commission Investigator that Trout was n0 longer employed at the
3 Charter School. Elkton officials explained that they had incorrectly believed the ODE ﬁngerprint
4 clearance they had provided was adequate to fulﬁll the ﬁngerprint requirements of the Commission.
5 CONCLUSIONS OF LAW
6 Trout’s conduct described above, constitutes gross neglect of duty in violation of ORS
7 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use
8 professional judgment); OAR 584-020-0040(4)(r) (Knowingly working without a license);
9 OAR 584-050-0006(3)(e) (The applicant refuses to consent to criminal records checks or
10 refuses to be ﬁngerprinted upon request); and OAR 584-050-0006(3)(t) (The applicant has
1 1 served in violation of OAR 584-050-0035 Must be Licensed, Registered or Certiﬁed atAll
12 Times While Employed).
l3 The Commission’s authority t0 impose discipline in this matter is based upon ORS
14 342.175.
15 FINAL ORDER
l6 The Commission hereby suspends Gary Alan Trout’s right t0 apply for a Charter School
17 Registration or other licensure for a period of ninety (90) days, t0 begin upon the date this order
18 is signed and in effect.
19 IT IS SO ORDERED THIS day of October, 2012.
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 g .
22
23 By: 4M6”
24 Victoria Chamberlain, Executive Director
25
26
27
28 NOTICE OF APPEAL OR RIGHTS
29
3O YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
31 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
32 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
33 THE OREGON COURT OF APPEALS.
PAGE 2-DEFAULT ORDER 0F SUSPENSION OF RIGHT TO APPLY FOR LICENSURE l CHARTER SCHOOL
REGISTRATION — TROUT. GARY

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:

Gary Alan Trout

PO Box 702

Elkton OR 97436-0702
Dated this Qt’ [ﬂ &day of October, 2012.

v ., -
Cristina Ed r

PAGE 1- CERTIFICATE OF MAILING- TROUT, GARY ALAN