1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 431 In the Matter 0f the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF 6 DAVID FLOOD ) RIGHT TO APPLY FOR LICENSURE 7 8 On March 5, 2008, the Teacher Standards and Practices Commission (Commission) issued a 9 Notice of Opportunity for Hearing to David Flood (Flood) in which the Commission charged Flood with 10 misconduct under ORS 342.175. The Notice was sent via U.S. First Class Mail and U.S. Certified 11 Mail Receipt 7006 0810 0001 4602 2272 to the address Mr. Flood provided to the Commission. The 12 U.S. First Class Mail was returned to the Commission on March 27, 2008 unsigned and unable to 13 forward, regular mail was assumed received as it was not returned. The Notice of Opportunity of 14 Hearing, dated March 5, 2008, and signed by Victoria Chamberlain, Executive Director, stated: 15 "You, David Flood, are entitled to a hearing on the proposed action of the Commission. 16 If you want a hearing, you must file a written request for a hearing with the Commission 17 within 21 days of the date of this notice. Attached to this notice is a copy of the 18 procedures, right of representation and other rights of parties relating to the conduct of 19 a hearing as required under ORS 183.413(2)." 2(1) Mr. Flood did not request a hearing. The Commission, therefore, finds 22 Mr. Flood to be in default and enters the following findings of fact, conclusions of law and 23 order, based on the files and records of the Commission concerning this matter. 24 FINDINGS OF FACT 25 1. Mr. Flood has been licensed by the Commission since July 15, 1986. On October 31, 2002 the 26 Commission issued Mr. Flood a Substitute Teaching License valid until June 2, 2006, valid for 27 substitute teaching in any specialty, 28 2. Mr. Flood failed to respond to requests for information from, or participate in an interview with, 29 the Commission. This conduct constitutes gross neglect of duty in violation of OAR 584-020- 30 0040(4)(p) (Subject to the exercise of any legal right or privilege, failure or refusal by an 31 educator under investigation to respond to requests for information, to furnish documents or to 32 participate in interviews with a Commission representative relating to a Commission PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — FLOOD 1 investigation). 2 CONCLUSIONS OF LAW 3 Failure to respond to requests for information and to participate in interviews with a 4 Commission representative relating to a Commission investigation constitutes Gross Neglect of Duty 5 in violation of OAR 584-020-0040(4)(p). The Commission's authority to impose discipline in this 6 matter is based upon ORS 342.175. 7 ORDER 8 The Commission hereby revokes David Flood‘s right to apply for a teaching license. 9 IT IS SO ORDERED this Z 7 day of May, 2008. 10 TEACHER STANDARDS AND PRACTICES COMMISSION 11 ' 12 By 13 ictoria Cham xecutive Director 14 15 NOTICE OF APPEAL OR RIGHTS 16 17 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 18 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF 19 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 20 OREGON COURT OF APPEALS. PAGE 2 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — FLOOD 1 CERTIFICATE OF MAILING 2 3 4 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me s as such by U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed 6 to: 7 8 David Flood 9 2724 lngalls Drive 10 k White City OR 97503-1305 1 1 51:. 12 Dated this day of June, 2008. 13 , 14 /" g ‘ 15 “ 16 By: 1 T - 17 Melod Hanson, utive Assistant 18 t 19 - PAGE 1 — CERTIFICATE OF MAILING - FLOOD