l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i In the Matter of the Educator License of ) DEFAULT ORDER OF 5 MICHAEL RICHARD BREMONT ) REVOCATION AND REVOCATION 6 ) OF RIGHT TO APPLY g On March 27, 2013, the Teacher Standards and Practices Commission (Commission) issued a 9 Notice of Opportunity for Hearing to Michael Richard Bremont (Bremont) in which the Commission 10 charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. 1 1 Certified Mail Receipt 7011 2000 0001 1282 3183 to the address on file with the Commission. The 12 Notice designated the Commission file as the record for purposes of proving a prima facie case. The l3 Certified Mail receipt was returned, signed to the Commission on April 1, 2013. The regular mail was l4 not returned to the Commission. The Notice of Opportunity of Hearing, dated March 27, 2013, and 15 signed by Victoria Chamberlain, Executive Director, stated: l6 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l7 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF 19 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 20 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 21 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 23 Bremont did not request a hearing. The Commission, therefore, finds Bremont to be in default and 24 enters the following findings of fact, conclusions of law, and final order, based on the files and 25 records of the Commission concerning this matter. 26 27 FINDINGS OF FACT ~ 28 1. Michael Richard Bremont has been licensed by the Commission since February 21, 1996. 29 Bremont’s Initial Administrator License, with an endorsement in Administration (ALL LVL), was 30 issued January 21, 2011, and expires on July 11, 2013. During all relevant times, Bremont was 31 employed by the Redmond Proficiency Academy. 32 2. On December 18, 2012, Bremont entered into a plea agreement and was subsequently convicted 1 33 of Sexual Abuse in the Second Degree (ORS 163.425) a class C Felony and Sexual Abuse in the i 34 Third Degree (ORS 163.415) a class A Misdemeanor. Bremont was sentenced to 19 months of i 35 incarceration, five years of post-prison supervision, and required to register as a sex offender. 36 3. Bremont’s convictions arose from allegations that included Bremont having a sexual relationship 37 with a female student between October 2009 and February 2010. During this time frame, 38 Bremont was employed by the Redmond Proficiency Academy. Bremont’s Sex Abuse in the Third PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE- BREMONT, MICHAEL RICHARD l Degree conviction was a result of sexual misconduct between Bremont and a minor student in 2 Linn County Oregon on or around October 2009. 3 CONCLUSIONS OF LAW . 4 Bremont’s convictions constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b); 5 OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment) ; 6 and OAR 584-020-0040(1)(n) (ORS 163.425 — Sexual Abuse in the Second Degree); and OAR 584- 7 020-0040(1)(m) (ORS 163.415 — SexualAbuse in the Third Degree). This conduct also 8 constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-004o(5)(e) (Admission 9 of or engaging in acts constituting criminal conduct, even in the absence of a conviction). Pursuant 10 to ORS 342.175(2)(a) and OAR 584-020-oo4o(1) the Commission will deny, revoke or deny the right l 1 to apply for a license 0r charter school registration to any applicant or educator who, has been 12 convicted of any of the crimes listed in ORS 342.143. l3 Furthermore, the conduct underlying Bremont’s convictions constitutes gross neglect of duty 14 in violation of ORS 3421175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020- i 15 0010(5) (Use professional judgment); OAR 584-020-0040(4)(k) (knowing violation of any rule or 3 l6 order of the Commission); OAR 584-020-0040(4)(i) (Any sexual conduct with a student), and OAR i 17 584-020-004o(4)(0) as it incorporates OAR 584-020-0035(3)(a)(Maintain the dignity of the i l8 profession by respecting and obeying the law, exemplifying personal integrity and honesty); and l9 the conduct underlying Bremont’s convictions constitute “gross unfitness” in violation of ORS 20 342.175(1)(c); OAR 584-020-0040(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross 21 unfitness is any conduct which renders an educator unqualified to perform his 0r her professional 22 responsibilities”). 23 The Commission’s authority t0 impose discipline in this matter is based upon ORS 342.175. 24 FINAL ORDER 25 The Commission hereby revokes Michael Richard Bremont’s educator licensure and his right 26 to apply for an educator license. t‘: 27 IT IS SO ORDERED THIS H day ofJune, 2013. 28 TEACHER STANDARDS AND PRACTICES COMMISSION MM 29 By: 30 Victoria Chamberlain, Executive Director 31 PAGE 2-DEFAULT ORDER 0F REVOCATION OF LlCENSURE- BREMONT, MICHAEL RICHARD l NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 5 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 6 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LlCENSURE- BREMONT, MICHAEL RICHARD 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: Michael Richard Bremont S|D# 19357676 c/o Deer Ridge Correctional Institution 3920 E. Ashwood Rd Madras, OR 97741-9703 i/I» Dated this (i day of June, 2013. By: Pat iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— BREMONT, MICHAEL RICHARD ‘ l I