l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 431 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 KOSTANTY STEPHEN KNUROWSKI ) REVOCATION AND REVOCATION 6 ) OF RIGHT TO APPLY g On February 22, 2013, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Kostanty Stephen Knurowski (Knurowski) in which 10 the Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class 11 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0202 to the address on file with the l2 Commission. The Notice designated the Commission file as the record for purposes of proving a l3 prima facie case. The Certified Mail receipt was returned, signed to the Commission on February 26, l4 2013. The regular mail was not returned to the Commission. The Notice of Opportunity of Hearing, 15 dated February 22, 2013, and signed by Victoria Chamberlain, Executive Director, stated: 16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l7 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF l9 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 20 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 21 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 23 Knurowski did not request a hearing. The Commission, therefore, finds Knurowski t0 be in default 24 and enters the following findings of fact, conclusions of law, and final order, based on the files and 25 records of the Commission concerning this matter. 26 27 FINDINGS OF FACT 28 1. Kostanty Stephen Knurowski has been licensed by the Commission since December 23, 2004. 29 Knurowski’s Initial I Teaching License, with endorsements in Health Education (HS), and 30 Physical Education (ML/ HS), was issued December 17, 2011, and expires on December 23, 2014. 3l During all relevant times, Knurowski was employed by the Sweet Home School District. 32 2. On June 12, 2012, Knurowski pled guilty and was subsequently convicted 0f three counts of 33 Sexual Abuse in the Third Degree (ORS 163.415) a class A misdemeanor. Knurowski was 34 sentenced to 30 days of incarceration per count, three years of post-prison supervision, and 35 required to register as a sex offender upon his release. 36 3. Knurowski’s conviction arose from allegations that included Knurowski having a sexual 37 relationship with a female student on or about November 2009. During all relevant times, 38 Knurowski was employed by the Sweet Home School District. PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE- KNUROWSKI, KOSTANTY STEPHEN 1 CONCLUSIONS 0F LAW 2 Knurowski’s convictions constitutes gross neglect of duty in violation of ORS 342.175(1)(b); 3 OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); 4 and OAR 584-020-004o(1)(bb) (ORS 163.415 — Sexual Abuse in the Third Degree). This conduct 5 also constitutes gross unfitness in violation 0f ORS 342.175(1)(c); OAR 584-020-0040(5)(e) 6 (Admission of or engaging in acts constituting criminal conduct, even in the absence of a 7 conviction). Pursuant to ORS 342.175(2)(a) and OAR 584-020-004o(1) the Commission will deny, 8 revoke or deny the right to apply for a license 0r charter school registration to any applicant or 9 educator who, has been convicted 0f any of the crimes listed in ORS 342.143. 10 Furthermore, the conduct underlying Knurowski’s convictions constitutes gross neglect of l l duty in violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020- 12 0010(5) ( Use professional judgment); OAR 584-020-0040(4)(k) (knowing violation of any rule or 13 order of the Commission); OAR 584-020-0040(4)(t) (Any sexual conduct with a student), and OAR 14 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(3)(a)(Maintain the dignity of the 15 profession by respecting and obeying the law, exemplifying personal integrity and honesty); and l6 the conduct underlying Knurowski’s convictions constitute “gross unfitness” in violation of ORS l7 342.175(1)(c); OAR 584-020-004o(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross 18 unfitness is any conduct which renders an educator unqualified to perform his or her professional l9 responsibilities”). 20 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 21 FINAL ORDER 22 The Commission hereby revokes Kostanty Stephen Knurowski’s educator licensure and his 23 right to apply for an educator license. l‘ 24 IT IS SO ORDERED THIS l QT 'day of June, 2013. 25 TEACHER STANDARDS AND PRACTICES COMMISSION 26 By: 27 Victoria Chamberlain, Executive Director 28 29 NOTICE OF APPEAL OR RIGHTS 3O YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 31 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6o DAYS FROM THE SERVICE OF 32 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 33 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF REVOCATION OF LlCENSURE- KNUROWSKI, KOSTANTY STEPHEN 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 MaiI—Return Receipt Requested, addressed to: l Kostanty Stephen Knurowski 273 Larkspur St Lebanon, OR 97355-1532 lo Dated this 19+’ day ofJune, 2013. By: a, Qfi ZiM Patty ddeII Investigative Assistant ‘ PAGE 1- CERTIFICATE OF MAILING— KNUROWSKI, KOSTANTY STEPHEN