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 Educator License of ) REVOCATION AND REVOCATION 6 ) OF RIGHT 7 JACOB VIZCARRA ) TO APPLY FOR LICENSURE 8 9 10 On August 16, 2017, the Teacher Standards and Practices Commission 11 (Commission) issued a Notice of Opportunity for Hearing t0 Jacob Vizcarra (Vizcarra) 12 in which the Commission charged him with Gross Neglect of Duty and Gross Unfitness. 13 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7016 1370 14 0000 0901 8887 to the address on file with the Commission. The Notice designated the 15 Commission file as the record for purposes 0f proving a prima facie case. The Certified 16 Mail was returned to the Commission signed on August 21, 2017. The regular first class 17 mail was not returned t0 the Commission and is assumed delivered. The Notice of 18 Opportunity for Hearing, dated August 16, 2017, and signed by Trent Danowski, Co- 19 Interim Executive Director, stated: 20 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 21 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 22 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 23 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 24 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 25 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 26 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 27 28 Vizcarra did not request a hearing. The Commission, therefore, finds Vizcarra to be in 29 default and enters the following findings of fact, conclusions of law, and final order, 30 based on the files and records of the Commission concerning this matter. 31 t 32 FINDINGS OF FACT 33 1. Jacob Vizcarra has been licensed by the Commission since August 18, 2015. Vizcarra 34 held an Initial I Teaching License, with an endorsement in Music (PK-12), which was 35 valid from August 18, 2015, through February 18, 2017. During all relevant times, 36 Vizcarra was employed by the Rouge River School District. . 37 PAGE 1-DEFAULT ORDER 0F REVOCATION AND REVOCATION OF RIGHT T0 APPLY - JACOB VIZCARRA 1 2. On June 2o, 2016, the Commission received documents from the Jackson County 2 Sheriffs Office related to their investigation of Vizcarra. On July 19, 2016, the 3 Commission received a report from the Rouge River School District reporting 4 professional misconduct on the part of Vizcarra. Both reports indicated Vizcarra had 5 engaged in a sexual relationship with a student. Investigation determined that on 6 July 7, 2016, the Jackson County Grand Jury charged Vizcarra with three felony 7 counts of Sexual Abuse in the Second Degree for having sexual intercourse with a 8 person under the age 0f eighteen and one misdemeanor count of Official Misconduct 9 in the First Degree. lO 11 3. According to court records, on May 11, 2017, the Jackson County Circuit Court 12 accepted Vizcarra’s guilty plea and subsequently convicted Vizcarra of the following 13 offenses: ORS 162.415, Official Misconduct in the First Degree, a class A 14 misdemeanor, and one count of ORS 163.425 Sexual Abuse in the Second Degree, a 15 Class C Felony. Vizcarra was sentenced in part, t0 30 days in jail, 2 years 0f 16 probation supervision, submit to a sex offender evaluation, and surrender his 17 Teacher’s License. 18 19 4. Vizcarra’s criminal charges and subsequent conviction arose from allegations that 20 between March 5, 2016 and April 21, 2016, VizcarTa engaged in a sexual relationship 21 with SM, a seventeen year-old student. 22 CONCLUSIONS OF LAW 23 Jacob Vizcarra’s criminal convictions constitute gross neglect of duty in violation 24 of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020- 25 0010(5) (Use professional judgment); and OAR 584-020-0040(1) (The Commission 26 will deny, revoke or deny the right to apply for a license or charter school registration 27 to any applicant or educator who, has been convicted of any of the crimes listed in ORS 28 342.143, or the substantial equivalent of any of those crimes if convicted in another 29 jurisdiction), including OAR 584-020-0040(1)(n) (ORS 163.425 —Sex Abuse in the 3O Second Degree). This conduct also constitutes gross unfitness in ORS 342.175(1)(c); 31 OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local law. A PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - JACOB VIZCARRA 1 conviction includes any final judgment of conviction by a court whether as the result of 2 guilty plea, no contest plea or any other means); OAR 584-020-0040(5)(d) 3 (Commission of an act listed in OAR 584-020-0040(1)); and OAR 584-o2o-oo4o(5)(e) 4 (Admission of or engaging in acts constituting criminal conduct, even in the absence 0f 5 a conviction). 6 7 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards 8 and Practices Commission must revoke Vizcarra’s license and Vizcarra’s right to apply 9 for a license based 0n conviction 0f any of the crimes listed in ORS 342.143(3)(a), or the 10 substantial equivalent of any of those crimes. l l 12 Furthermore, the conduct underlying Vizcarra’s indictments and convictions 13 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 14 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 15 584-020-0040(4)(k)( Violation of any rule or order of the Commission); OAR 584- 16 020-0040(4)(f) (Any sexual conduct with a student) as defined by OAR 584-020- 17 0005(5); OAR 584-020-oo4o(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) 18 (Honoring appropriate adult boundaries with students in conduct and conversations 19 at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by 20 respecting and obeying the law, exemplifying personal integrity and honesty). 21 Additionally, your conviction and conduct related to your conviction constitute “gross 22 unfitness” in violation of ORS 342.175(1)(0); OAR 584-o2o-oo4o(3)(c) and (d) as 23 defined by OAR 584-020-0040 (5) (Gross unfitness is any conduct which renders an 24 educator unqualified to perform his or her professional responsibilities). 25 26 The Commission’s authority to impose discipline in this matter is based upon ORS 27 342.175. 28 //// 29 //// 30 //// 31 //// 32 //// PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT To APPLY- JACOB VIZCARRA 1 FINAL ORDER 2 The Commission hereby revokes Jacob Vizcarra’s teaching license and his right to 3 apply for licensure. 4 IT IS so ORDERED THIS Matty of October, 2017. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 7 8 By: 9 Trent Danowski, Co-Interim Executive Director 10 l l 12 13 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 6O 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 OF REVOCATION AND REVOCATION 0F RIGHT TO APPLY - JACOB VlZCARRA