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1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the Educator ) DEFAULT ORDER OF
5 License of ) REVOCATION OF RIGHT TO
6 JOSH MATTHEW PICKENS ) APPLY FOR LICENSURE
7
8
9 On March 18, 2015, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Josh Matthew Pickens (Pickens) in which the
ll Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was
12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7014 0150 0000 1046 5666 to
‘ 13 the address on file with the Commission. The Notice designated the Commission file as the
i l4 record for purposes of proving a prima facie case. The Certified Mail receipt was returned
1 15 signed to the Commission on March 20, 2015. The first class mail was not returned and
l6 assumed delivered. The Notice of Opportunity for Hearing, dated March 18, 2015, and
l7 signed by Victoria Chamberlain, Executive Director, stated:
l8 “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
2l REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Pickens did not request a hearing. The Commission, therefore, finds Pickens to be in default
27 and enters the following findings of fact, conclusions of law, and final order, based on the
28 files and records of the Commission concerning this matter.
29
3O FINDINGS OF FACT
31 1. Pickens had been licensed as a teacher in Oregon since August 15, 2013. Pickens
32 previously held an Emergency School Counselor License with an endorsement in School
33 Counselor (ECE/ELE C, ML/HS C); valid from August 15, 2013, through June 30, 2014.
34 Pickens did not make application for renewal. During all relevant times, Pickens was
35 employed by the Umatilla School District.
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- JOSH MATTHEW
PICKENS

1 2. On February 12, 2014, the Commission received a report from the Umatilla School

2 District alleging that Pickens had violated professional standards. Subsequent

3 investigation determined the following:

4

5 3. On January 22, 2014, the Umatilla School District received information from the

6 Washington State Employment Security Department (Fraud Investigation Unit)

7 indicating that Pickens had misrepresented his earnings while claiming

8 unemployment benefits. Records indicate that during the time between August 17,

9 2013, and November 16, 2013, Pickens made unemployment claims and was paid
10 unemployment benefits totaling $2,623.00 while Pickens was employed full time
11 with the Umatilla School District. Commission investigators delivered a certified
12 letter requiring Pickens to contact them for an interview within 14 days. After
l3 multiple attempts to contact Pickens and receiving n0 response from Pickens, it was
14 determined that Pickens was refusing to respond and/ or participate in an interview
15 as required.
l6 CONCLUSIONS OF LAW
17 Pickens’ conduct described above constitutes gross neglect of duty in violation of ORS
l8 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use
19 professional judgment); OAR 584-020-0040(4)(c) (Falsification of any document or
20 knowing misrepresentation directly related to licensure, employment, or professional
21 duties); and OAR 584—020-0040(4)(p) (Subject to the exercise ofany legal right or
22 privilege, failure 0r refusal by an educator under investigation to respond to requests for
23 information, to furnish documents or t0 participate in interviews with a Commission
24 representative relating to a Commission investigation). This conduct also constitutes gross
25 unfitness in violation of ORS 342.175(1)(c); OAR 584-020-oo4o(5)(b) (Fraud or
26 misrepresentation).
27
28 The Commission's authority to impose discipline in this matter is based upon ORS
29 342.175.
30 ////

EQiEEfigDEFAULT ORDER OF REVOCATION OF RIGHT T0 APPLY FOR LlCENSURE- JOSH MATTHEW i

l FINAL ORDER
2 The Commission hereby revokes Josh Matthew Pickens’s Right to Apply for
3 licensure. *1’;
4 IT IS SO ORDERED THIS é Clay 0f May, 2015.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
l 6 By:
7 Victoria Chamberlain, Executive Director
8
9 NOTICE OF APPEAL OR RIGHTS
lO
ll YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
l2 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
l3 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
l4 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
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PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR L1CENSURE- JOSH MATTHEW
PICKENS

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 Mai1—Return Receipt Requested, addressed to:
Josh Matthew Pickens
2804 W Lyons Avenue
Spokane, WA 99208-4555
R
Dated this ll ' day of May, 2015.
I ' ; >
By: ‘l ‘ " L L '£L£.(
" atty dell‘
Inve gative Assistant
I
PAGE 1- CERTIFICATE OF MAILING— JOSH MATTHEW PICKENS