1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the Educator License of ) DEFAULT ORDER OF
5 KENDALL UTI'IER LYONS ) REVOCATION OF RIGHT TO APPLY
6
7
8
9 On June 14, 2011, the Teacher Standards and Practices Commission (Commission) issued a
10 Notice of Opportunity for Hearing to Kendall Uther Lyons (Lyons) in which the Commission charged
1 1 him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail
12 Receipt 7010 0290 0001 6831 2172 to the address on file with the Commission. The Notice
13 designated the Commission file as the record for purposes 0f proving a prima facie case. The
14 Certified Mail receipt was returned, signed to the Commission on June 20, 2011. The regular mail
15 was not returned to the Commission. The Notice of Opportunity of Hearing, dated June 14, 2011,
16 and signed by Victoria Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
l8 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF
20 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE
21 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE
22 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
23
24 On July 1, 2011 the Commission received notice from Lyons requesting a hearing. On April 4, 2013,
25 Lyons sent the Commission a letter advising that he withdrew his request for a hearing. The
26 Commission, therefore, finds Lyons to be in default and enters the following findings of fact,
27 conclusions of law, and final order, based on the files and records of the Commission concerning this
28 matter.
29 FINDINGS OF FACT
3O 1. Kendall Uther Lyons has been licensed by the Commission since September 15, 1976. Lyons’s
31 Standard Teaching License, with an endorsement in Standard Elementary (014), was issued
32 November 20, 2006, and expired on January 27, 2012.
33 2. On November 3, 2006, the Commission adopted a stipulated agreement imposing four years
34 of probation upon Lyons’ Standard Teaching License. The basis for the stipulated
35 agreement was as follows:
36
37 a. On September 12, 2005, Lyons submitted an Application for Educator License Form C-1.
38 Lyons responded affirmatively to character question 8 and 10, provided an explanation
39 and court documents.
4O b. On January 28, 2001, Lyons was charged with Falsely Reporting an Emergency in
41 Superior Court for Santa Barbara County. On December 12, 2002, the misdemeanor
42 charge was dismissed by the court based on Lyons’ graduation from an alcohol program.
I PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- LYONS, KENDALL UTHER

1 c. On July 29, 2003, Lyons was arrested in Santa Barbara, California for Driving Under the
2 Influence of Alcohol; Battery of a Police Officer/ Emergency Personnel, Resists, Obstruct,
3 Delay a Peace Officer; Hit and Run Property. On October 24, 2003, Lyons pled guilty.
4 The Superior Court, State of California for the Count of Santa Barbara, convicted Lyons
5 for Driving Under the Influence of Alcohol, Battery Upon an Officer, and Hit and Run
6 Property. All other charges were dismissed. The court sentenced Lyons to 40 days in jail
7 (commuted to community service) and placed Lyons on three years’ probation.
8 d. On December 15, 2003, Lyons was charged with Annoying Telephone Calls in Superior
9 Court for Santa Barbara County. During a settlement conference on January 21, 2004,
10 the charge was dismissed, and Lyons pled “no contest” to an infraction.
11 e. On December 9, 2003, Lyons successfully completed a DUII program at Zona Seca DUI
12 Department in Santa Barbara, California.
13 f. As part of the November 3, 2006, agreement with the Commission, Lyons recognized
l4 that he had an alcohol abuse problem and agreed to continue treatment and agreed that:
15 i. Lyons would, within the first six months of probation, on or before February 4,
16 2007, provide a copy of the treatment plan and aftercare plan as prescribed by the
17 treatment provider;
18 ii. Lyons would at his own initiative and expense, continue to obtain treatment for
l9 Lyons’ alcohol dependence as recommended by his alcohol treatment provider and
20 abstain from the consumption of alcohol;
21 iii. And that during the period of Lyons’ probation, Lyons would submit to the Executive
22 Director of the Commission reports of his compliance with the aftercare treatment
23 plan. Lyons agreed to provide these reports every six months during his probation
24
25 3. On January 11, 2011, Lyons called the Commission office and spoke with staff to inform them
3 26 that his probation report would be submitted late, but he was doing well with respect to his
l 27 teaching and compliance with his probation terms. On January 18, 2011, Lyons called the
28 Commission office and said he had been untruthful during his January 11, 2011 call. Lyons
29 stated he had been on a two month drinking binge, that he had “hit bottom,” had been admitted
30 - to the hospital for cirrhosis of the liver and was not currently fit to teach.
31 CONCLUSIONS OF LAW
32 Lyons’s conduct described above, constitutes gross neglect of duty in violation of ORS
33 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the
34 worth and dignity of all persons and respect for each individual), OAR 584-020-0010(5) (Use
35 professional judgment) ; OAR 584-020-0040(4)(c)(Kn0wing falsification of any document or
36 knowing misrepresentation directly related to licensure, employment, or professional duties), OAR
37 584-020-oo4o(4)(k) (Knowing violation of any order or rule of the Commission).
3 8
39 Furthermore, the conduct described above demonstrates that Lyons lacks good moral
40 character, mental or physical fitness to hold a license as required under ORS 342.143(2).
41 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- LYONS, KENDALL UTHER

1 FINAL ORDER

2 The Commission hereby revokes Kendall Uther Lyons’s Right to Apply for an Educator

3 License. {A

4 IT IS SO ORDERED THIS l7 ’ day of May, 2013.

5 TEACHER STANDARDS AND PRACTICES COMMISSION

6 By: ___—_—

7 Victoria Chamberlain, Executive Director

8

9
10
1 1 NOTICE OF APPEAL OR RIGHTS
12
l3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
l4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF
15 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
16 THE OREGON COURT OF APPEALS.

l
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- LYONS, KENDALL UTHER

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:
Kendall Uther Lyons
1615 NW 23rd St
Corvallis, OR 97330
, 7 r1;
Dated this / day of May, 2013.
By: % QZQ Q2
Patty ell
Investigative Assistant
PAGE 1— CERTIFICATE OF MAILING— LYONS, KENDALL UTHER