1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER OF

5 Teaching License of ) LICENSE REVOCATION AND

; 6 JOSEPH TRACY GARNER ) REVOCATION OF RIGHT TO APPLY

7 ) FOR LICENSE

8

9 On October 9, 2008, the Teacher Standards and Practices Commission (Commission) issued
10 a Notice of Opportunity for Hearing to Joseph Tracy Garner (Garner) in which the Commission
11 charged him with conviction of a crime listed in ORS 342.143(3). The Notice was sent via U.S. First
I2 Class Mail and U.S. Certified Mail Receipt 7008 1140 0002 8581 2171, to the address on file with the
13 Commission. The U.S. Certified Mail receipt was returned to the Commission on October 14, 2008,
14 signed by Joseph Garner. The Notice of Opportunity of Hearing, dated October 9, 2008, and signed
15 by Victoria Chamberlain, Executive Director, stated:

16 "You, Joseph Tracy Garner, are entitled to a hearing on the proposed action of the

17 Commission. If you want a hearing, you must file a written request for a hearing with

18 the Commission within 21 days of the date of this notice. Attached to this notice is a

19 copy of the procedures, right of representation and other rights of parties relating to the
20 conduct 0f a hearing as required under ORS 183.413(2)."
21
22 Mr. Garner did not request a hearing. The Commission, therefore, finds Mr. Garner to
23 be in default and enters the following findings of fact, conclusions of law and order, based on
24 the files and records of the Commission concerning this matter.
25 FINDINGS OF FACT
26 1. Mr. Garner has been licensed by the Commission since January 31, 1990. The
27 Commission issued Mr. Garner a Standard Teaching License on July 18, 2007, valid until July 17,
28 2012, with Basic Health and Standard Social Studies endorsements.
29 2. On September 19, 2008, Mr. Garner plead guilty to and was convicted in the Circuit Court
30 of the State of Oregon for the County of Malheur, of seven counts of online sexual corruption of a

31 child in the second degree, (ORS 163.432) a class C felony. A conviction for this crime constitutes
32 gross neglect of duty in violation of OAR 584-020-0040(1)(p) and ORS 342.143(3)(a)(A).

33

1 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSE - GARNER

I
2 CONCLUSIONS OF LAW
3 Mr. Garner’s conviction of online sexual corruption of a child in the second degree is listed in
4 ORS 342.143(3). The Commission's authority to impose discipline in this matter is based upon ORS
5 342.175.
6 FINAL ORDER
7 The Commission hereby revokes the Standard Teaching License issued to Joseph Tracy
8 Garner and revokes his right to apply for a teaching license.
9
10 IT IS SO ORDERED this Qé Id day of February, 2009.
11 TEACHER ST- DARDS AND PRACTICES COMMISSION
i; By: M7221.” £11111 4 L _
14 vtoria Chambe-E’ .2 utive Director
12 NOTICE OF APPEAL OR RIGHTS
1; YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
19 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
20 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE
21 OREGON COURT OF APPEALS.
2 - DEFAULT ORDER 0F LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSE ~ GARNER

CERTIFICATE OF MAILING

l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me as
such by U.S. First Class Mail to the Attorney of record for Joseph Tracy Garner:

Gary K. Kiyuna

Attorney at Law

Stunz, Fonda, Kiyuna & Horton, LLP

PO Box 1565

Nyssa OR 97913
Dated this Z/ day of April 2009.

/ /
By: d 11462121 WAD
Melo y Hansqp ecutive Assistant

PAGE 1- CERTIFICATE OF MAILING-JOSEPH TRACY GARNER