l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 1 3 ‘ 4 In the Matter of the ) DEFAULT ORDER OF l 5 Educator License of ) REVOCATION AND REVOCATION 6 MCLAUCHLIN, CHARLES EUGENE ) OF RIGHT TO APPLY 7 8 On June 13, 2014, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Charles Eugene 10 McLauchlin (McLauchlin) in which the Commission charged him with Gross Neglect 0f l 1 Duty and Gross Unfitness. The Notice was sent via U.S. First Class Mail and U.S. 12 Certified Mail Receipt 7012 1010 0003 2804 4395 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes of 14 proving a prima facie case. The Certified Mail receipt was returned to the commission, 15 signed on June 18, 2014. The regular mail was not returned to the Commission. The 16 Notice of Opportunity of Hearing, dated June 13, 2014, and signed by Victoria 17 Chamberlain, 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 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 McLauchlin did not request a hearing. The Commission, therefore, finds McLauchlin to 27 be in default and enters the following findings of fact, conclusions of law, and final 28 order, based on the files and records 0f the Commission concerning this matter. 29 30 FINDINGS OF FACT 31 1. Charles Eugene McLauchlin has been licensed by the Commission since June 2o, 32 1986. McLauchlin’s Standard Teaching License, with endorsements in Basic 33 Mathematics (018) and Standard Biology (020), was issued on January 31, 2011, and 34 expires 0n January 30, 2016. During all relevant times, McLauchlin was employed by 35 the Bandon School District. 36 2. On January 29, 2014, McLauchlin was found guilty 0f the following crimes: two 37 counts of Online Sexual Corruption of a Child in the first degree, ORS 163.433, a PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY- MCLAUCHLIN, CHARLES EUGENE 1 class B felony, and approximately 25 counts of Sexual Abuse in the second degree, 2 ORS 163.425, a class C felony. Both of these crimes are listed in ORS 342.143 and 3 OAR 584-020-0040(1) for mandatory revocation of licensure or right to apply for 4 licensure. McLauchlin was sentenced to approximately 10 years of incarceration, 44 5 months of probation and must register as a sex offender. ‘ 6 3. McLauchlin’s convictions arose from allegations that McLauchlin committed the i 7 following unprofessional acts: 8 a. McLauchlin failed to maintain professional boundaries with then 16 year 9 old, female, student SC. McLauchlin spent time running with SC alone 10 outside of school hours. McLauchlin inappropriately shared hugs with SC 11 on multiple occasions while alone in the classroom with SC. 12 b. While attending the Steens Mountain Running Camp in August 2012, 13 McLauchlin’s interactions with student SC, who was also in attendance, 14 caused concern amongst the staff of the event. These observed interactions 15 with SC included, McLauchlin cuddling with SC at the amphitheater, 16 giving SC back rubs, hugging and giving kisses on the cheek to female 17 runners, including SC, loitering around the “girls” tent even after told not 18 to, and mud wrestling with SC and another student. 19 c. During the course of the law enforcement investigation, it was determined 20 that McLauchlin had exchanged inappropriate text messages with SC, 21 inappropriately hugged SC, kissed SC and taught her how to French kiss. 22 McLauchlin discussed sexual activities with SC and provided SC with an 23 IPod so McLauchlin could communicate discreetly with SC. McLauchlin 24 and SC told each other that they loved one another. McLauchlin and SC 25 engaged in physical sexual activities that included performing oral sex on 26 each other at least five separate times and McLauchlin penetrating SC’s 27 vagina with his fingers and fondling her breasts. 28 CONCLUSIONS OF LAW 29 McLauchlin’s convictions constitutes gross neglect of duty in violation of ORS 30 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 31 professional judgment), OAR 584-020-0040(1)(n) (The Commission will deny, revoke PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- MCLAUCHLIN, CHARLES EUGENE 1 or deny the right t0 apply for a license or charter school registration to any applicant 2 or educator who, has been convicted of any of the crimes listed in ORS 342.143; 3 specifically ORS 163.425 (Sexual Abuse in the Second Degree); and OAR 584-020- 4 0040(1)(q) (The Commission will deny, revoke or deny the right t0 apply for a license 5 or charter school registration to any applicant 0r educator who, has been convicted of 6 any of the crimes listed in ORS 342.143; specifically ORS 163.433 (Online Sexual 7 Corruption 0f a child in the first degree) . This conduct also constitutes gross unfitness 8 in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating 9 any federal, state, 0r local law. A conviction includes any final judgment of conviction 10 by a court whether as the result of guilty plea, no contest plea or any other means), 11 specifically ORS 163.425 (Sexual Abuse in the Second Degree) and ORS 163.433 (Online 12 Sexual Corruption of a Child in the First Degree). 13 _ 14 Furthermore, the conduct underlying McLauchlin’s indictments and conviction 15 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 16 0040(4)(n) as it incorporates OAR 584-020-001o(1) (Recognize the worth and dignity 17 of all persons and respect for each individual), OAR 584-020-0010(5) (Use 18 professional judgment) ; OAR 584-020-0040(4)(0) as it incorporates OAR 584-020— l9 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 20 conversations at all times); and OAR 584-020-0040(4)(f) (Any sexual conduct with a 21 student) as that term is defined by OAR 584-020-0005(5). 22 23 The Commission’s authority to impose discipline in this matter is based upon ORS 24 342.175. 25 FINAL ORDER 26 The Commission hereby revokes Charles Eugene McLauchlin’s educator license 27 and revokes his right to apply for an educator license. 28 IT IS so ORDERED THIS iglday of July, 2014. 29 TEACHER STANDARDS AND PRACTICES COMMISSION 3O 31 PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION 0F RIGHT TO APPLY- MCLAUCHLIN, CHARLES EUGENE l By: . 2 Victoria Chamberlain, Executive Director I 3 4 5 6 NOTICE OF APPEAL OR RIGHTS 7 8 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 9 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 10 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 11 ORS 183.482 TO THE OREGON COURT OF APPEALS. I I I v PAGE 4-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- MCLAUCHLIN, CHARLES EUGENE 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—Retum Receipt Requested, addressed to: Charles Eugene McLauchlin #20228568 c/o Eastern Oregon Correctional Institution 2500 Westgate Pendleton, OR 97801 Dated this fln'day ofJuly, 2014. By: Patty el Investigative Assistant I PAGE 1-— CERTIFICATE OF MAILING— MC LAUCHLIN, CHARLES EUGENE