1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter 0f the ) DEFAULT ORDER OF
5 Educator License of ) REVOCATION OF RIGHT '
6 HUMPHREY, DAVID L ) TO APPLY FOR LICENSURE
7
8 On May 9, 2014, the Teacher Standards and Practices Commission (Commission)
9 issued a Notice of Opportunity for Hearing to David L. Humphrey (Humphrey) in which
10 the Commission charged him with Gross Neglect of Duty and Gross Unfitness. The
11 Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 2780
12 0000 2187 3170 to the address on file with the Commission. The Notice designated the
13 Commission file as the record for purposes of proving a prima facie case. The Certified
14 Mail was signed for, and the return receipt was received by TSPC on May 19, 2014. The
15 regular mail was not returned to the Commission. The Notice of Opportunity of
16 Hearing, dated May 9, 2014, and signed by Victoria Chamberlain, Executive Director,
17 stated:
18 “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 ATA 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 Humphrey did not request a hearing. The Commission, therefore, finds Humphrey to be
27 in default and enters the following findings of fact, conclusions of law, and final order,
28 based on the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. David L. Humphrey has been licensed by the Commission since September 9, 1997.
31 Humphrey’s Basic Teaching License with an endorsement in Basic Elementary (014),
32 was issued August 7, 2010, and expired on August 6, 2013.
33 2. On March 17, 2014, Humphrey was convicted on five counts of Encouraging Child
34 Sex Abuse in the first degree (ORS 163.684) and five counts 0f Encouraging Child
35 Sex Abuse in the second degree (ORS 163.686). Humphrey was sentenced to a total
. 36 of seven years in prison followed by a period of probation and required to register as
37 a sex offender.
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - HUMPHREY, DAVID L

1 3. Humphrey’s convictions arose from allegations that included Humphrey having
2 possession of over 300 child pornography movie files and over 90 child pornography
3 photos. The content of the child pornography included both male and female
4 children, including toddlers.
5 CONCLUSIONS OF LAW
6 Humphrey’s convictions constitutes gross neglect 0f duty in violation of ORS
7 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use
8 professional judgment); OAR 584-02o-oo4o(1)(bb) (ORS 163.684 — Encouraging
9 Child Sex Abuse in the First Degree); and OAR 584-o2o-oo4o(1)(cc) (ORS 163.686 —
10 Encouraging Child SexAbuse in the Second Degree). This conduct also constitutes
11 gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(d)
12 (Commission of an act listed in OAR 584-020-004o(1)), and OAR 584-o2o-oo4o(5)(e)
13 (Admission of or engaging in acts constituting criminal conduct, even in the absence of
l4 a conviction). Pursuant to ORS 342.175(2)(a) and OAR 584-020-oo4o(1) the
15 Commission will deny, revoke or deny the right to apply for a license or charter school
16 registration to any applicant or educator who, has been convicted of any of the crimes
17 listed in ORS 342.143.
18 Furthermore, the conduct underlying Humphrey’s convictions constitutes gross
19 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it
20 incorporates OAR 584-020-001o(5) (Use professional judgment); OAR 584-020-
21 0040(4)(k) (knowing violation 0f any rule or order of the Commission); and OAR 584-
22 o2o-oo40(4)(o) as it incorporates OAR 584-o2o-0035(3)(a)(Maintain the dignity of
23 the profession by respecting and obeying the law, exemplifying personal integrity and
24 honesty). Additionally, your convictions and conduct related to your convictions
25 constitute “gross unfitness” in violation of ORS 342.175(1)(c), OAR 584-020-004o(3)(a)
26 and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct which
27 renders an educator unqualified to perform his 0r her professional responsibilities”).
28
29 The Commission’s authority t0 impose discipline in this matter is based upon ORS
30 342.175.
' 31
1 PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - HUMPHREY, DAVID L

.———__fi
l FINAL ORDER
2 The Commission hereby revokes David L. Humphrey’s right to apply for
3 licensure.
4 IT IS SO ORDERED THIS lflday of July, 2014.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6
7
8 By:
9 Victoria Chamberlain, Executive Director
10
ll
12
13 NOTICE OF APPEAL OR RIGHTS
l4
15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
l6 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
l7 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
18 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT T0 APPLY _ HUMPHREY, DAVID L

.fi
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:
David L Humphrey ~ 19848899
c/o Eastern Oregon Correctional Institution
2500 Westgate
Pendleton, OR 97801-9699
Dated this l 4/ day of July, 2014.
By:
Patty dell
Investigative Assistant
l PAGE 1- CERTIFICATE OF MAILING-HUMPHREY, DAVID L