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 5 ALEC J VARIS ) SUSPENSION AND 6 ) PROBATION 7 8 9 On April 22, 2013, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Alec J Varis (Varis) in which the Commission 11 charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. l2 Certified Mail Receipt 7011 2000 0001 1282 3329 t0 the address on file with the Commission. l3 The Notice designated the Commission file as the record for purposes of proving a prima facie 14 case. The Certified Mail receipt was returned to the Commission signed for, 0n April 24, 2013. 15 The regular mail was not returned to the Commission. The Notice of Opportunity 0f Hearing, 16 dated April 22, 2013, and signed by Victoria Chamberlain, Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED 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 Varis did not request a hearing. The Commission, therefore, finds Varis to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based 0n the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Alec J Varis has been licensed by the Commission since November 14, 2012. Varis’ Charter 30 School Registry, with an endorsement in Music (ECE, ELE L), was issued November 14, 31 2012, and expires on November 14, 2015. During all relevant times, Varis was employed by 32 the Cascade Heights Public Charter School in the North Clackamas School District. 33 2. On April 19, 2012, the Commission received Varis’ initial application for a charter school registry. 34 During the background check portion of Varis’ application process, it was discovered Varis had been 35 employed as a music teacher at Cascade Heights since August 25, 2011, and Varis had begun 36 teaching classes 0n October 17, 2011. The Commission conducted an investigation and learned that 37 Varis failed to make complete application for registration until June 2012. This investigation 38 determined that on multiple occasions, Varis had misinformed his director of the status of Varis’ 39 application and untruthfully advised his director that he had submitted required documents, PAGE 1-DEFAULT ORDER THIRTY DAY SUSPENSION- VARIS, ALEC J 1 payments and/ or other materials. The Commission’s investigation determined Varis had worked for 2 a period of approximately one year (October 17, 2011 — November 14, 2012) without a valid 3 Teaching License 0r Charter School Registration. 4 CONCLUSIONS OF LAW 5 Varis’s conduct described in section two (2) above, constitutes gross neglect of duty in 6 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 7 0010(5) (Use professional judgment); OAR 584-020-0040(4)(r) (Knowingly working without a 8 license); and OAR 584-020-0040(4)(c) (knowing falsification of any document or knowing 9 misrepresentation directly related t0 licensure, employment, or professional duties). 10 The Commission’s authority to impose discipline in this matter is based upon 11 ORS 342.175. 12 FINAL ORDER 13 The Commission hereby issues a thirty (30) day suspension, followed by a four year 14 period of probation upon Alec J Varis’ educator license. 15 IT IS SO ORDERED THIS E1“) day ofJune, 2013. 16 TEACHER STANDARDS AND PRACTICES COMMISSION i 17 By: l8 Victoria Chamberlain, Executive Director 19 20 21 22 NOTICE OF APPEAL OR RIGHTS 23 24 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 25 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 26 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 27 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER THIRTY DAY SUSPENSION- VARIS, ALEC J 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 Mail—-Return Receipt Requested, addressed to: Alec J Varis 1748 SE 12th Ave f“ Portland, OR 97214 Dated this 0i I day of June, 2013. By: ' . Patt | dell Investigative Assistant l PAGE 1- CERTIFICATE OF MAILING- VARIS, ALEC J