1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter 0f the Educator ) DEFAULT ORDER OF DENIAL OF

5 License 0f ) APPLICATION AND REVOCATION

6 ) OF RIGHT TO APPLY FOR

7 LEO JOSEPH TRAN ) AN EDUCATOR LICENSE

8

9
10 On August 17, 2016, the Teacher Standards and Practices Commission (Commission)
l 1 issued a Notice of Opportunity for Hearing to Leo Joseph Tran (Tran) in which the
12 Commission charged him with Gross Neglect 0f Duty and Gross Unfitness. The Notice was
13 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 3010 0002 3171 1057 to
14 the address on file with the Commission. The Notice designated the Commission file as the
15 record for purposes of proving a prima facie case. The Certified Mail receipt was returned
16 signed to the Commission on August 25, 2016. The first class mail was not returned to the
17 Commission. The Notice of Opportunity of Hearing, dated August 17, 2016, and signed by
18 Monica Beane, Executive Director, stated:
l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED \NITHIN THIS 60-DAY
2O PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
23 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
24 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
25 YOUR LICENSE OR OTHER DISCIPLINE.”
26
27 Tran did not request a hearing. The Commission, therefore, finds Tran to be in
28 default and enters the following findings of fact, conclusions of law, and final order, based
29 0n the files and records of the Commission concerning this matter.

30 FINDINGS OF FACT

31 1. Tran has never been licensed by the Commission. On February 15, 2016, Tran made

32 application to the Commission for an Oregon Teaching License.

33 2. On Tran’s February 15, 2016, application for an Oregon Teaching License, Tran

34 answered “N0” to all character questions. This included answering “N0” to question
35 number two, “Are you currently the subject of an inquiry, review or investigation

36 for alleged misconduct or alleged violation of professional standards of conduct by
37 either an employer 0r a licensure agency?” Tran answered “N0” to character

PAGE 1-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION 0F RIGHT TO APPY FOR
LlCENSURE- LEO JOSEPH TRAN

1 question number four, “Have you ever had any adverse action taken on a
2 professional certificate, license, or charter school registration?” Tran also answered
3 “No” t0 question number seven, “Have you ever been disciplined by any public
4 agency responsible for licensure of any kind, including but not limited to
5 educational licensure?”
6 Commission investigation determined that Tran, at the time he made application to
7 the Commission, was aware that the Texas Education Agency (TEA) was / had been
8 conducting an investigation into Tran’s conduct related t0 his performance and
9 mental health. In November of 2015, Tran had received a “Proposal for Decision”
‘ 10 from the TEA recommending the suspension of Tran’s Texas licensure. On February
11 15, 2016, Tran made application to the Commission for an Oregon teaching license.
12 On February 22, 2016, Tran received a final order of discipline from the TEA,
13 revoking his Texas teaching license until he is able to present proof of fitness. This
14 final order was completed and in effect on February 12, 2016. Based on these
15 documented events Tran failed t0 answer his Oregon educator application character
16 questions accurately.
l7 CONCLUSIONS OF LAW
18 Leo Joseph Tran engaged in unprofessional conduct as described in section two (2)
19 above. Tran’s conduct is grounds for denial of his application under ORS 342.143(2). The
20 above conduct also constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR
21 584-o2o-oo4o(4)(n) as it incorporates OAR 584-o2o-oo1o(5) (Use professional
22 judgment); OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(3)(a)
23 (Maintain the dignity of the profession by respecting and obeying the law, exemplifying
24 personal integrity and honesty), and OAR 584-020-0040(4)(c) (Falsification of any
25 document or knowing misrepresentation directly related to licensure, employment, or
26 professional duties). The above conduct also constitutes gross unfitness in violation of ORS
27 342-175(1)(c); OAR 584-020-0040(5)(a) (Revocation, suspension or denial of a license by
28 another state for reasons and through procedures that are the same as, or substantially
29 equivalent to, those permitting similar action in Oregon), and OAR 584-020-
30 oo40(5)(b)(Fraud or misrepresentation).
31
PAGE 2-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION 0F RIGHT TO APPY FOR
LlCENSURE- LEO JOSEPH TRAN

I
1 The Commission’s authority t0 impose discipline in this matter is based upon ORS
2 342.175.
3 FINAL ORDER
4 The Commission hereby denies Leo Joseph Tran’s application for an Oregon
5 educator license and revokes Leo Joseph Tran’s right to apply for an Oregon educator
6 license. (L
7 IT IS so ORDERED THIS (g ‘ day 0f January, 2017.
8 TEACHER STANDARDS AND PRACTICES COMMISSION
9 - i
10 By: I I'
11 Dr. Monica Beane, Executive Director
12
13 NOTICE OF APPEAL OR RIGHTS
14
15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
16 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
17 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
18 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR
LlCENSURE- LEO JOSEPH TRAN

CERTIFICATE OF MAILING
I hereby certify that I 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:
I Leo Joseph Tran
16110 Braesgate DR
I Austin, TX 78717
Dated this (Q ' day of January, 2017.
By: V
Patt eldon
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— LEO JOSEPH TRAN

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter Of the Educator ) DEFAULT ORDER OF DENIAL OF

5 License 0f ) APPLICATION AND REVOCATION

6 ) OF RIGHT TO APPLY FOR

7 LEO JOSEPH TRAN ) AN EDUCATOR LICENSE

8

9
10 On August 17, 2016, the Teacher Standards and Practices Commission (Commission)
l 1 issued a Notice of Opportunity for Hearing to Leo Joseph Tran (Tran) in which the
12 Commission charged him with Gross Neglect 0f Duty and Gross Unfitness. The Notice was
13 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 3010 0002 3171 1057 to
14 the address on file with the Commission. The Notice designated the Commission file as the
15 record for purposes of proving a prima facie case. The Certified Mail receipt was returned
16 signed to the Commission on August 25, 2016. The first class mail was not returned to the
17 Commission. The Notice of Opportunity of Hearing, dated August 17, 2016, and signed by
18 Monica Beane, Executive Director, stated:
19 “IF A REQUEST FOR HEARING IS NOT RECEIVED \NITHIN THIS 60-DAY
2O PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
23 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
24 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
25 YOUR LICENSE OR OTHER DISCIPLINE.”
26
27 Tran did not request a hearing. The Commission, therefore, finds Tran to be in
28 default and enters the following findings of fact, conclusions of law, and final order, based
29 0n the files and records of the Commission concerning this matter.

30 FINDINGS OF FACT

31 1. Tran has never been licensed by the Commission. On February 15, 2016, Tran made

32 application to the Commission for an Oregon Teaching License.

33 2. On Tran’s February 15, 2016, application for an Oregon Teaching License, Tran

34 answered “N0” to all character questions. This included answering “N0” to question
35 number two, “Are you currently the subject of an inquiry, review or investigation

36 for alleged misconduct or alleged violation of professional standards of conduct by
37 either an employer or a licensure agency?” Tran answered “N0” t0 character

PAGE 1-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR
LlCENSURE- LEO JOSEPH TRAN

1 question number four, “Have you ever had any adverse action taken on a
2 professional certificate, license, or charter school registration?” Tran also answered
3 “No” t0 question number seven, “Have you ever been disciplined by any public
4 agency responsible for licensure of any kind, including but not limited to
5 educational licensure?”
6 Commission investigation determined that Tran, at the time he made application to
7 the Commission, was aware that the Texas Education Agency (TEA) was / had been
8 conducting an investigation into Tran’s conduct related t0 his performance and
9 mental health. In November of 2015, Tran had received a “Proposal for Decision”
‘ 10 from the TEA recommending the suspension of Tran’s Texas licensure. On February
11 15, 2016, Tran made application to the Commission for an Oregon teaching license.
12 On February 22, 2016, Tran received a final order of discipline from the TEA,
I3 revoking his Texas teaching license until he is able to present proof of fitness. This
14 final order was completed and in effect 0n February 12, 2016. Based on these
15 documented events Tran failed t0 answer his Oregon educator application character
16 questions accurately.
l7 CONCLUSIONS OF LAW
18 Leo Joseph Tran engaged in unprofessional conduct as described in section two (2)
19 above. Tran’s conduct is grounds for denial of his application under ORS 342.143(2). The
20 above conduct also constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR
21 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(5) (Use professional
22 judgment); OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(3)(a)
23 (Maintain the dignity of the profession by respecting and obeying the law, exemplifying
24 personal integrity and honesty), and OAR 584-020-0040(4)(c) (Falsification of any
25 document or knowing misrepresentation directly related to licensure, employment, or
26 professional duties). The above conduct also constitutes gross unfitness in violation of ORS
27 342-175(1)(c); OAR 584-020-0040(5)(a) (Revocation, suspension or denial of a license by
28 another state for reasons and through procedures that are the same as, or substantially
29 equivalent to, those permitting similar action in Oregon), and OAR 584-020-
30 oo40(5)(b)(Fraud or misrepresentation).
31
PAGE 2-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION 0F RIGHT TO APPY FOR
LlCENSURE- LEO JOSEPH TRAN

I
1 The Commission’s authority t0 impose discipline in this matter is based upon ORS
2 342.175.
3 FINAL ORDER
4 The Commission hereby denies Leo Joseph Tran’s application for an Oregon
5 educator license and revokes Leo Joseph Tran’s right to apply for an Oregon educator
6 license. (L
7 IT IS so ORDERED THIS (g ‘ day 0f January, 2017.
8 TEACHER STANDARDS AND PRACTICES COMMISSION
9 - i
10 By: I I'
11 Dr. Monica Beane, Executive Director
12
13 NOTICE OF APPEAL OR RIGHTS
14
15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
16 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
17 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
18 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR
LlCENSURE- LEO JOSEPH TRAN

CERTIFICATE OF MAILING
I hereby certify that I 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:
I Leo Joseph Tran
16110 Braesgate DR
I Austin, TX 78717
Dated this (Q ' day of January, 2017.
By: V
Patt eldon
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— LEO JOSEPH TRAN