l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION AND REVOCATION 6 ) OF RIGHT 7 JAMES W. MYRICK ) TO APPLY FOR LICENSURE 8 9 On August 16, 2017, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to James W. Myrick (Myrick) 1 1 in which the Commission charged him with Gross Neglect of Duty and Gross Unfitness. 12 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7016 1370 13 0000 0901 7514 to the address on file with the Commission. The Notice designated the 14 Commission file as the record for purposes of proving a prima facie case. The Certified 15 Mail was returned to the Commission as “Unclaimed”. The regular first class mail was 16 not returned to the Commission and assumed delivered. The Notice of Opportunity for 17 Hearing, dated August 16, 2017, and signed by Trent Danowski, Co-Interim Executive 18 Director, stated: 19 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 23 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 24 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 25 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 Myrick did not request a hearing. The Commission, therefore, finds Myrick to be in 28 default and enters the following findings of fact, conclusions of law, and final order, 29 based on the files and records of the Commission concerning this matter. 30 FINDINGS OF FACT _ 31 1. James W. Myrick has been licensed by the Commission since August 7, 2015. 32 Myrick’s Initial I Teaching License, with an endorsement in Social Studies (PK-12), is 33 valid from August 7, 2015, through February 19, 2019. During all relevant times, 34 Myrick was employed by the Greater Albany Public School District. 35 2. On June 30, 2016, the Commission received a report from the Greater Albany Public 36 School District advising that Myrick was under investigation by local law 37 enforcement in connection to inappropriate communications with students. PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - JAMES W. MYRICK 1 Investigation determined Myrick was arrest by the Albany Police Department on 2 July 8, 2016, for one count of luring a minor, one count of coercion, one count of 3 tampering with a witness, one count of official misconduct and one count of 4 attempting to commit a crime. As the investigation continued, it was learned that 5 Myrick’s charges were changed to one count of coercion, one count of tampering 6 with a witness, two counts of official misconduct, one count of attempted sexual 7 abuse and two counts of sexual abuse. 8 9 3. According to court records, on February 24, 2017, the Linn County Circuit Court 10 accepted Myrick’s guilty plea and subsequently convicted Myrick of the following 11 offenses: ORS 162.415, Official Misconduct in the First Degree, a class A 12 misdemeanor, ORS 161.4o5(2)(e) Attempt to Commit a Class A Misdemeanor - 13 Sexual Abuse in the Third Degree, and two counts of ORS 163.415 Sexual Abuse in 14 the Third Degree, a Class A misdemeanor. Myrick was sentenced in part, to 100 days 15 in jail, 3 years of probation supervision, and required to register as a sex offender. 16 17 4. Myrick’s criminal charges and subsequent conviction arose from allegations that 18 between Apn'l 1, 2016 and June 30, 2016, Myrick attempted to engage SK, a 19 seventeen year-old student, in a sexual relationship by befriending her, messaging 20 with her and grooming her in other ways. Myrick showed SK photos of his genitals 21 and asked SK to show Myrick her breasts. Myrick told SK he would give her a good 22 grade if she did. Myrick engaged student BC in a sexual relationship by befriending 23 BC. Myrick groomed BC by texting and/0r communicating via Snapchat with BC. 24 The relationship became sexual when Myrick and BC had sexual intercourse on two 25 occasions in a room at West Albany High School. Myrick gave BC good grades even 26 though BC was not earning them. 27 CONCLUSIONS OF LAW 28 James Walter Myrick’s criminal convictions constitute gross neglect of duty in 29 violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584- 30 020-001o(5) (Use professional judgment); and OAR 584-o2o-oo4o(1) (The 31 Commission will deny, revoke 0r deny the right to apply for a license or charter school PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - JAMES W. MYRICK 1 registration to any applicant or educator who, has been convicted of any of the crimes 2 listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted 3 in another jurisdiction), including OAR 584-02o-oo4o(1) (m) (ORS 163.415 —SexAbuse 4 in the Third Degree). This conduct also constitutes gross unfitness in ORS 342.175(1)(c); 5 OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local law. A 6 conviction includes any final judgment of conviction by a court whether as the result of 7 guilty plea, no contest plea or any other means); OAR 584-020-0040(5)(d) 8 (Commission of an act listed in OAR 584-020-oo4o(1)); and OAR 584-020-004o(5)(e) 9 (Admission of or engaging in acts constituting criminal conduct, even in the absence 0f 10 a conviction). 11 12 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards 13 and Practices Commission must revoke Myrick’s license and Myrick’s right t0 apply for a 14 license based on conviction of any of the crimes listed in ORS 342.143(3)(a), or the 15 substantial equivalent of any of those crimes. 16 17 Furthermore, the conduct underlying Myrick’s indictments and convictions 18 constitutes gross neglect 0f duty in violation of ORS 342.175(1)(b); OAR 584-020- 19 0040(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment); OAR 20 584-020-oo4o(4)(k)( Violation of any order or rule of the Commission); OAR 584- 21 020-oo4o(4)(i) (Any sexual conduct with a student) as defined by OAR 584-020- 22 0005(5); OAR 584-020-oo4o(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) 23 (Honoring appropriate adult boundaries with students in conduct and conversations 24 at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by 25 respecting and obeying the law, exemplifying personal integrity and honesty). 26 Additionally, Myrick’s conviction and conduct related to his conviction constitute “gross 27 unfitness” in violation of ORS 342.175(1)(c); OAR 584-020-0040(3)(c) and (d) as 28 defined by OAR 584-020-0040 (5) (Gross unfitness is any conduct which renders an 29 educator unqualified to perform his or her professional responsibilities). 30 31 The Commission’s authority to impose discipline in this matter is based upon ORS 32 342.175. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- JAMES W. MYRICK 1 FINAL ORDER 2 The Commission hereby revokes James W. Myrick’s teaching license and his right 3 to apply for licensure. (‘it 4 IT IS so ORDERED THIS ZS day of October, 2017. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 1M y 1),”...2 7 8 By: —__ 9 Trent Danowski, Co-Interim Executive Director lO ll 12 l3 NOTICE OF APPEAL OR RIGHTS 14 15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 16 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 17 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 18 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER 0F REVOCATION AND REVOCATION OF RIGHT TO APPLY - JAMES W. MYRICK