l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the Educator ) DEFAULT ORDER OF
5 License of ) REVOCATION OF RIGHT TO
6 KELLY BRENT KUBICEK ] APPLY FORAN EDUCATOR LICENSE
7
8
9 On June 28, 2013, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Kelly Brent Kubicek (Kubicek) in which the
l l Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First
l2 Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1282 3763 to the address on file
l3 with the Commission. The Notice designated the Commission file as the record for purposes
l 14 of proving a prima facie case. The Certified Mail receipt was returned, signed to the
15 Commission on July 1, 2013. The regular mail was not returned to the Commission. The
16 Notice of Opportunity of Hearing, dated June 28, 2013, and signed by Victoria Chamberlain, .
17 Executive Director, stated:
l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 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 YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
l 24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
l 26 Kubicek did not request a hearing. The Commission, therefore, finds Kubicek to be in
‘ 27 default and enters the following findings of fact, conclusions of law, and final order, based
l 28 on the files and records of the Commission concerning this matter.
l 29 FINDINGS OF FACI‘
30 1. Kelly Brent Kubicek made application to the Commission and was approved for his
31 Student Teaching / Practicum on December 13, 2011. Kubicek does not currently hold a l
32 Teaching License. During all relevant times, Kubicek was not known t0 be employed by l
33 any Oregon School District. I
34 2. On June 5, 2012, the Commission learned that on June 3, 2012, Kubicek had been
35 arrested for Possession of a Controlled Substance II, a class C felony, Failure to
36 perform the duties 0f a driver, and Resisting Arrest. The Commission further learned
37 that on August 22, 2012, Kubicek was convicted of Failure to Perform the Duties 0f a
PAGE 1—DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- KUBICEK, KELLY
BRENT

l Driver as a violation; Kubicek was given a conditional discharge for the charge
2 Possession of a Controlled Substance; and the charge of Resisting Arrest was
3 dismissed. Records indicate Kubicek also has a prior arrest record for Unlawful
4 Possession of Marijuana, Reckless Driving, and Attempting to Elude Police on March
5 2o, 2008. On August 8, 2008, Kubicek was convicted of the Attempt to Elude Police
6 charge as a felony, while the other charges were dismissed. Kubicek was sentenced t0
7 ten days in jail and 18 months probation. On March 22, 2011, Kubicek’s felony
8 conviction was reduced to a Misdemeanor offence. Commission investigators .
9 attempted to contact and interview Kubicek regarding these incidents. Official
10 written requests for an interview were sent t0 Kubicek both by certified and regular
1 1 mail. The certified receipt was returned signed for on September 4, 2012, and the
l2 regular mail was not returned and assumed delivered. Kubicek failed to contact or
l3 cooperate with the investigators as required.
l4 CONCLUSIONS OF LAW
15 Kubicek’s conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b);
16 OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional
17 judgment). This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c);
18 OAR 584-020-0040(5)(p) (Subject to the exercise of any legal right or privilege, failure or
19 refusal by an educator under investigation to respond to requests for information, to
l 20 furnish documents or to participate in interviews with a Commission representative
21 relating to a Commission investigation), and OAR 584-020-0040(5)(c) (Conviction of
l 22 violating any federal, state, or local law. A conviction includes any final judgment of
23 conviction by a court whether as the result of guilty plea, no contest plea 0r any other
24 means). Kubicek’s past criminal conduct is also evidence that Kubicek lacks good moral
l 25 character or mental/ physical fitness t0 serve as an educator as required under ORS
26 342.143(2).
27
28 The Commission’s authority to impose discipline in this matter is based upon ORS
29 342.175.
3O
gégfi12—DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- KUBICEK, KELLY ‘
l
l

1 FINAL ORDER
2 The Commission hereby revokes Kelly Brent Kubicek’s Right to Apply for an
3 Educator license.
4 IT IS so ORDERED THIS findday of October, 2013.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6 By: _—_.____
7 Victoria Chamberlain, Executive Director
8
9 NOTICE OF APPEAL OR RIGHTS
10
‘ ll YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
12 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
l3 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
l4 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
t
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PAGE 3-DEFAULT ORDER 0F REVOCATlON 0F RIGHT To APPLY FOR LICENSURE- KUBICEK, KELLY
BRENT

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by rne as such, by
mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to:
Kelly Brent Kubicek
2867 Lytle Blvd
l , Nyssa, 0R 979135350 ,
‘ Dated this $19 hdday of October, 2013. .
l
. 7 l
l By: 4
Pa iddell
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING-—- KUBICEK, KELLY BRENT