1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Q OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF DENIAL 5 Teaching License of ) OF TEACHING LICENSE 6 JEROME ARTHUR ANDERSON ) 7 On December 9, 2005, the Teacher Standards and Practices Commission (Commission) 8 issued a Notice of Opportunity for Hearing to Jerome Arthur Anderson (Anderson) in which the 9 Commission denied licensure based on ORS 342.175(2). The Notice was sent via U.S. First 10 Class Mail and U.S. Certified MaiI Receipt 7005 0390 0005 5794 8927 to the address obtained 11 by the Commission. The certified mail receipt was signed by the educator and returned to the 12 Commission on December 13, 2005. The Notice of Opportunity of Hearing, dated December 9, l3 2005, and signed by Victoria Chamberlain, Executive Director, stated: 14 "You, Jerome Arthur Anderson, are entitled to a hearing on the proposed action 15 of the Commission. If you want a hearing, you must file a written request for a 16 hearing with the Commission within 21 days of the date of this notice. Attached . to this notice is a copy of the procedures, right of representation and other rights a of parties relating to the conduct of a hearing as required under ORS 19 183.413(2)." 20 21 Mr. Anderson did not request a hearing. The Commission, therefore, finds Mr. Anderson 22 to be in default and enters the following findings of fact, conclusions of law and order, based on 23 the files and records of the Commission concerning this matter. 24 FINDINGS OF FACT ‘ 25 1. On September 13, 2005, Mr. Anderson submitted an Application for Educator License ‘ 26 Form C-1 together with a written statement as detailed explanation of his affirmative responses 27 to character question 8, “Have you ever been convicted or been granted conditional discharge 28 by any c0urt...?" and character question 10, “Have you ever entered a plea of guilty or No 29 Contest relative to any charge for an offense listed in Question #8 (above)?" . PAGE 1 — DEFAULT ORDER OF DENIAL OF TEACHING LICENSE - ANDERSON I 2. Mr. Anderson reported and provided documents indicating that on August 21, 2002, .2 he was arrested for Driving Under the Influence of lntoxicants in Washington. The court granted 3 Mr. Anderson a Deferred Prosecution and placed him on two years probation. Mr. Anderson 4 provided documents indicating that the Deferred Prosecution was revoked (when he was 5 arrested for DUll on October 28, 2003, in Oregon) and a conviction was entered by the East 6 District Court of the State of Washington in and for the County of Klickitat. 7 3. Mr. Anderson also reported that on November 14, 2003, he pied guilty and was 8 convicted of Driving Under the Influence of Intoxicants, in the Circuit Court of the State of 9 Oregon for the County of Sherman. The court placed Mr. Anderson on supervised probation for 10 12 months with special conditions including “no alcohol". Mr. Anderson provided documents. 11 4. Mr. Anderson tailed to report to the Commission that on January 29, 2004, he was 12 convicted for violating his probation with Sherman County Circuit Court. A police report 13 indicates that on January 27, 2004, Mr. Anderson bought a bottle of gin in a liquor store in i . Wasco, Oregon. Later that day, when Mr. Anderson was arrested at his residence he was 15 intoxicated and uncooperative. When Mr. Anderson arrived at the corrections faciIity his blood 16 alcohol content (BAC) was .25 by lntoxilyzer. 17 CONCLUSIONS OF LAW 18 Pursuant to OAR 584-020-0040(5)(f), violation of a term of probation imposed by a court 19 is grounds for discipline and denial of Iicensure. Mr. Anderson's failure to report the January 29, 20 2005, conviction for Probation VioIation constitutes knowing misrepresentation directly related to 21 Iicensure in violation of OAR 584-020-0040(4)(c) and is a basis for denial of Iicensure. Mr. 22 Anderson’s criminal convictions for DUll in Oregon and Washington constitute gross unfitness in 23 violation of OAR 584-020-0040(5)(c). Pursuant to OAR 584-050-0006(5) and ORS 342.143(2) 24 the Executive Director may deny issuance of a license based upon evidence that the applicant ' PAGE 2 _ DEFAULT ORDER OF DENIAL OF TEACHING LICENSE - ANDERSON I may lack fitness to serve as an educator. The Commission's authority to impose discipline in '2 this matter is based upon ORS 342.175. 3 ORDER 4 The Commission hereby denies the application of Jerome Arthur Anderson for an 5 Oregon Teaching License. 6 IT IS SO ORDERED this {i2 day of January, 2006. 7 TEACHER STANDARDS AND PRACTICES COMMISSION / s ” , 9 B 4014/ 10 ictoria ham e ain, Executive Director 11 a 7 12 NOTICE OF APPEAL OR RIGHTS 13 14 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 15 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF THIS 16 ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 17 OREGON COURT OF APPEALS. ' PAGE 3 — DEFAULT ORDER OF DENIAL OF TEACHING LICENSE ~ ANDERSON 1 CERTIFICATE OF MAILING .3 I hereby certify that I sen/ed the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified Mail-—Return Receipt Requested, addressed 5 t0: 6 7 Jerome Arthur Anderson 8 PO Box 368 9 Wasco, Oregon 97065 10 £1; 11 Dated this day of February, 2006. 12 14 “ , 15 By: / 7 \ 27941141 16 MeIo Hans mjix cutive Assistant ' PAGE 1 - CERTIFICATE OF MAILING - ANDERSON