l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION 6 IAN WILLIAM MAN DIS ) OF LICENSURE 7 8 On March 23, 2017, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Ian William Mandis 10 (Mandis) in which the Commission charged him with Gross Neglect of Duty and Gross 11 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 12 7016 0750 0000 2419 1072 to the address on file with the Commission. The Notice 13 designated the Commission file as the record for purposes of proving a prima facie case. 14 The Certified Mail was returned signed to the Commission on March 27, 2017. The 15 regular first class mail was not returned to the Commission. The Notice of Opportunity 16 of Hearing, dated March 23, 2017, and signed by Monica Beane, Executive Director, 17 stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Mandis did not request a hearing. The Commission, therefore, finds Mandis to be in 27 default and enters the following findings of fact, conclusions of law, and final order, 28 based on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Ian William Mandis has been licensed by the Commission since May 23, 2011. 31 Mandis’ Initial IT eaching License, with endorsements in Advanced Mathematics 32 (HS, ML); Middle School Language Arts (ML); Multiple Subjects (MIDLVL); and 33 Social Studies (HS, ML), is valid from March 20, 2015, through March 19, 2018. 34 During all relevant times, Mandis was employed by the Portland Public School 35 District. 36 2. On August 24, 2015, the Commission received a report from the Portland Public 37 School District indicating Mandis had been investigated for possible violations of PAGE leDEFAULT ORDER OF REVOCATION- IAN WILLIAM MANDIS 1 professional standards. 0n June 4, 2015, district officials determined there was 2 reasonable suspicion that Mandis had been under the influence of drugs or alcohol 3 while on duty and on district property. Mandis was escorted to a testing facility for a 4 drug/ alcohol screening. The onsite results were inconclusive and a sample was sent 5 to an offsite lab for further testing. Results from the offsite lab indicated the test 6 results were “Refusal to test because substituted”. Follow up with the lab indicated 7 the sample Mandis provided was not consistent with human urine. 8 School officials who observed Mandis described him as appearing intoxicated, 9 disoriented, falling asleep, mumbled speech, incoherent speech, nodding off during 10 meetings and an assembly, and having lack of coordination. 11 Upon receiving Mandis’ test results, the district contended that Mandis had 12 tampered with the testing process and as a result was insubordinate. The district also 13 learned that on July 4, 2015, Mandis had been arrested for Driving Under the 14 Influence of Intoxicants (DUII) and Reckless Driving. The district recommended 15 Mandis’ dismissal, and Mandis resigned his employment on August 19, 2015. 16 3. On November 7, 2016, Mandis pled guilty to, and was convicted of, Robbery in the 17 Second Degree, ORS 164.405, a class “B” Felony. Mandis was sentenced, in part, to 18 36 months of probation supervision and required to participate in a substance abuse 19 program. Mandis’ criminal charges and subsequent conviction were the result of the 20 following conduct: On May 29, 2016, Mandis robbed a convenience store clerk at 21 gunpoint (BB gun), taking approximately $50 in cash. Store employees recognized 22 Mandis as a regular customer and reported Mandis to the police when he returned to 23 the store later that same day. Mandis was matched to video surveillance and later 24 confessed to the earlier crime, stating that he had recently relapsed into his heroin 25 addiction and needed the money to buy more drugs. 26 4. On November 16, 2016, the Commission Investigator sent Mandis a certified letter 27 requesting he participate in an official interview. In the letter, Mandis was informed 28 that failing to respond to the request would be considered a refusal to cooperate and 29 could result in commission action against him. Mandis failed to contact the 30 investigator or participate in an interview as requested. 31 //// PAGE 2-DEFAULT ORDER OF REVOCATION- IAN WILLIAM MANDIS 1 CONCLUSIONS 0F LAW 2 Ian William Mandis’ conduct as described in section two (2) above constitutes 3 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 4 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020- 5 0025(2)(e) (Using district lawful and reasonable rules and regulations); OAR 584- 6 020-oo4o(4)(0) as it incorporates OAR 584-020-0035(3)(a)( Maintain the dignity of 7 the profession by respecting and obeying the law, exemplifying personal integrity and 8 honesty); and OAR 584-020-0040(4)(g) (Appearing on duty or at any district- 9 sponsored activity while under the influence of alcohol or any controlled substance). 10 Ian William Mandis’ conduct and resulting convictions detailed in section three 11 (3) above constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584- 12 o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment) ; 13 OAR 584-020-0040(3)(a) (The Commission may initiate proceedings to suspend or 14 revoke the license or registration of an educator under ORS 342.175 or deny a license 15 or registration to an applicant under 342.143 who: Has been convicted of a crime not 16 listed in section (1) of this rule, if the Commission finds that the nature of the act or acts 17 constituting the crime for which the educator was convicted render the educator unfit 18 to hold a license). Your conduct also constitutes gross unfitness in ORS 342.175(1)(c); 19 OAR 584-020-004o(5)(c) (Conviction of violating any federal, state, or local law. A 20 conviction includes any final judgment of conviction by a court whether as the result of 21 guilty plea, no contest plea or any other means); and OAR 584-020-0040(5)(e) 22 (Admission of or engaging in acts constituting criminal conduct, even in the absence of 23 a conviction). 24 Ian William Mandis, failed to respond to the Commission’s request for an 25 interview as described in section four (4) above. Mandis’ conduct constitutes gross 26 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it 27 incorporates OAR 584-020-0010(5) (Use professional judgment); and OAR 584-020- 28 0040(4)(p) (Subject t0 the exercise of any legal right or privilege, failure or refusal by 29 an educator under investigation to respond to requests for information, to furnish 30 documents or to participate in interviews with a Commission representative relating 31 to a Commission investigation). 32 //// PAGE 3eDEFAULT ORDER OF REVOCATION- IAN WILLIAM MANDIS 1 The Commission’s authority to impose discipline in this matter is based upon ORS 2 342.175. 3 FINAL ORDER 4 The Commission hereby l\revokes Ian William Mandis’ educator license. . f , s IT IS so ORDERED THIS 3 day of June, 2017. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 8 Wm, M 9 By: 10 Dr. Monica Beane, Executive Director l 1 12 l3 l4 NOTICE OF APPEAL OR RIGHTS 15 l6 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 17 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 18 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF l9 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE ‘PDEPAULT ORDER OF REVOCATION- IAN WILLIAM MANDIS