. STATE OF OREGON
TEACHER STANDARDS AND PRACTICES COMMISSION
In the Matter of the Teaching License of Case No. 20013377
DEFAULT ORDER OF REVOCATION

JUSTIN ROY DAVIS

On March 15, 2001, the Teacher Standards and Practices Commission
(Commission) issued a Notice of Opportunity for Hearing to Justin Roy Davis. The
Notice of Hearing was sent to Mr. Davis by certiﬁed mail and by regular U.S. mail. On
April 3, 2001, Mr. Davis requested a hearing. On October 24, 2001, the Commission
amended the Notice of Hearing and referred the case to the Hearing Officer Panel.

Administrative Law Judge Catherine P. Coburn was appointed as the hearing
ofﬁcer in the case. On November 2, 2001, Ms. Coburn issued a notice of preheating
telephone conference to MI. Davis and the Commission to be held on December 12,

. 2001. On December 12, 2001, Ms. Cobum convened the prehearing telephone
conference, but Mr. Davis was not available at the telephone number he had supplied to
the Commission. Ms. Cobum then issued a notice of hearing to the Commission and to
Mr. Davis scheduling the hearing for 9 am. on March 25, 2002.

The Notice of Opportunity for Hearing and the Amended Notice of Hearing
informed Mr. Davis that the Commission would adopt an order of default if Mr. Davis
failed to appear at the hearing. The notices furthered informed Mr. Davis that the
documents in the ﬁles of the Commission would automatically become part of the
contested case record upon default for purposes of proving a prima facie case.

Mr. Davis failed to appear at the hearing. The Commission ﬁnds Mr. Davis to be
in default and enters this order based on the hearing record consisting of the l
Commission’s ﬁles on the date of the issuance of the Amended Notice of Hearing. _ t

FlNDINGS OF FACT Q
1. Justin Roy Davis holds an Oregon Substitute Teaching License that was issued by
the Commission on February 19, 1999.
2. During the 1999-2000 school year, Mr. Davis served as a substitute teacher from
time to time for the Music Department of the Hermiston High School in the Hermiston
' School District.
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' 3. In April 2000, Mr. Davis and other teachers from the Hermiston School District
accompanied a group of Hermiston High School students on an interscholastic music
competition held on a cruise ship and known as the Spring Performance Cruise.

4. On April 12, 2000, the cruise ship docked for part of the day in Ensinada, Mexico.
Mr. Davis was charged with supervision of approximately eight high school students
while in Ensinada. Mr. Davis allowed three of the students from the group to walk
around without a chaperone. He accompanied the other ﬁve students into an
establishment that served alcoholic beverages. In that establishment, Mr. Davis allowed
the ﬁve students to order alcoholic beverages and allowed at least four of the students to
consume alcoholic beverages.

5. All of the above events occurred during a school-sponsored activity.

6. As a result of the events in Ensinada, several of the students received suspensions
from the school.

7. On March 18, 1998 Mr. Davis drove his car on a public highway in Pendleton,
Oregon while under the inﬂuence of alcohol. After being cited for driving while under
the inﬂuence of alcohol, Mr. Davis refused to submit to a breath test to measure his
blood/alcohol content. As a result, his driving privileges were suspended for a period of

‘ one year.

8. Following the traﬁic stop, the police officer administered several sobriety tests,
and Mr. Davis was unable to successfully pass any of the tests. After being cited for
driving under the inﬂuence of intoxicants, Mr. Davis became belligerent in his interaction
with the police ofﬁcer.
9. Mr. Davis was allowed by the court to enter into a diversion program. He
successfully completed the program, and the charges against him were ultimately
dismissed by the court.
ULTIMATE FINDINGS OF FACT l
l. Mr. Davis exercised extremely poor judgment and improperly supervised students
under his supervision in a school-sponsored activity by permitting the students to
consume alcoholic beverages. Such actions constitute gross neglect of duty under OAR
584-020-0040(4)(n), 584-020-0020(2)(d) and 584-020-0010(5).
2. Mr. Davis drove a motor vehicle on a public highway while under the inﬂuence of
intoxicants. This conduct constitutes gross unﬁtness under OAR 584-020-0040(5)(e).
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' DISCUSSION

Mr. Davis’ actions demonstrate extremely poor judgment and a lack of maturity.
His conduct resulted in the students being disciplined and had a clearly negative effect on
the public image of his employing school district. He obviously demonstrated an
extremely poor example to these students.

Mr. Davis’ Oregon Substitute Teaching License will be revoked, and the
Commission is unlikely to approve an application for any other teaching license for at
least one year from the date of this order.

ORDER

The Oregon Teaching License of Justin Roy Davis is hereby revoked.

DATED this t Zibof May 2002.
TEACHER STANDARDS AND PRACTICES COMMISSION
By: i2 EQQQA (iii/ﬁg '
. David V. Myton, Execu ive Director
NOTICE: You are entitled to judicial review of this order. Judicial review may be
obtained by ﬁling a petition for review within 60 days 0f the service of this order.
Judicial review is pursuant to the provision of ORS 183.482 to the Oregon Court of
Appeals.
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