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 ) SUSPENSION OF TEACHING

6 MARK ANDREW ROUSKA ) LICENSE AND PROBATION

7

8 On October 12, 2010, the Teacher Standards and Practices Commission

9 (Commission) issued a Notice of Opportunity for Hean'ng to Mark Andrew Rouska
10 (Rouska) in which the Commission charged him with Gross Neglect of Duty pursuant to
11 OAR 584-020-0040(4)(n), OAR 584-020-0010(5), OAR 584-020-0010(1), OAR 584-
12 020-0040(4)(o) and OAR 584-020-0035(1)(c)(D). The Notice was sent via U.S. First
13 Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 4497 to the address
l4 on ﬁle with the Commission. The Certiﬁed Mail was returned to the Commission, as
15 unclaimed. The regular mail was not returned to the Commission. The Notice of
16 Opportunity of Hearing, dated October 12, 2010, and signed by Victoria Chamberlain,
17 Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. lF YOU DO NOT REQUEST A HEARING OR IF
22 YOU FAIL TO APPEAR AT A 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 Rouska did not request a hearing. The Commission, therefore, finds Rouska to be in
27 default and enters the following findings of fact, conclusions of law and order, based on
28 the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Mark Andrew Rouska has been licensed as a teacher in Oregon by the
31 Commission since December 4, 2000. Rouska's Initial l Teaching License, issued
32 September 20, 2006, expires on September 19, 2010. Rouska timely applied for

PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - ROUSKA, MARK ANDREW

1 renewal of his license.
2 2. On September 16, 2009, in response to a disciplinary situation in his classroom
3 Rouska told students, “If you were my children I would take you home and beat
4 you," or words to that effect. Rouska also commented to students that they were “a
5 disgrace to their families," “stupid,” “immature,” and that he was “disgusted” with
6 their behavior. Rouska then kicked an unoccupied desk that hit another student
7 and fell over. Rouska also commented to students that he was “being let go
8 anyway" and that he didn’t “care about teaching them anyway.” Rouska was given
9 a ﬁve day administrative leave following this incident.
10 CONCLUSIONS OF LAW
11 Mark Andrew Rouska’s above described conduct constitutes gross neglect of
12 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR
13 584-020-0010(5) (Use professional judgment), OAR 584-020-0010(1) (Recognize the
14 worth and dignity of all persons and respect for each individual) and OAR 584-020-
15 0040(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult
16 boundaries with students in conduct and conversations at all times).
17 The Commission's authority to impose discipline in this matter is based upon
18 ORS 342.175.
19 ///
20 // /
21 ///
22 / //
23 / //
24 / / /
25 / / /
PAGE 2~DEFAULT ORDER OF LICENSE REVOCATION - ROUSKA, MARK ANDREW

1 FINAL ORDER
2 The Commission hereby suspends the Initial I Teaching License of Mark Andrew
3 Rouska for 30 days.
4 Furthermore, in order to reinstate his license, Rouska must provide proof of
5 attendance in an anger management class. Upon reinstatement of Iicensure, Rouska
6 shall be placed on probation for a period of three (3) years.
7 IT IS SO ORDERED THIS // day of February, 2011.
8 TEACHER STANDARDS AND PRACTICES COMMISSION
9
10 "
11 By. MU
12 Victoria C erlain, Executive Director
l3
14
15
16
17 NOTICE OF APPEAL OR RIGHTS
18 .
19 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
20 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
21 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS
22 OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
23
PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION - ROUSKA, MARK ANDREW

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—Return Receipt Requested, addressed
to:
Mark Andrew Rouska
12240 NW Barnes Rd., Apt. 24
4; Portland, OR 97229
f
Dated this X2 day of February, 2011.
, 7 . ' m7)
By: W \ W
Mel y Haisia)
Exec ' e A lstant
PAGE 1— CERTIFICATE OF MAILING—ROUSKA, MARK ANDREW