1 STATE OF OREGON 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 In theMatter of the ) TeachllégfLicense of ) FINAL ORDER BY DEFAULT 4 JEFF ALLEN JOHNSON g 5 6 On April 3, 1997, the Teacher Standards and Practices Commission (the 7 "Commission") issued a Notice of Opportunity for Hearing to Jeffrey Allen Johnson, 8 proposing to revoke his Oregon Teaching License. 0n April 23, 1997, Mr. Johnson 9 requested a hearing, and a hearing was scheduled for August 20, 1997. Mr. Johnson 10 did not appear at the hearing. The Commission finds Mr. Johnson in default and 11 enters this Order based on the hearing record in this matter. 12 The following exhibits were received into evidence without objection: 13 TSPC Exhibits: 14 1. Notice of Opportunity for Hearing dated April 3, 1997. t 15 2. Letter from Mr. Johnson dated April 23, 1997 requesting a hearing. 16 3. Mr. Johnson’s Application for License Authorizing Public School ‘ 17 Service Form C- dated June 26, 1996. ‘ 4. Letter from TSPC to California Commission on Teacher Credentialing 18 ("CTCC") dated March 26, 1997. 19 5. Letter from CCTC t0 TSPC dated March 28, 1997 noting actual issue 20 date of Mr. J 0hnson’s California Teaching License. 6. Letter from CCTC to TSPC confirming that Mr. Johnson’s credentials 21 were valid through 8/1/95 and were eventually revoked. 22 7. Notice from CCTC to Mr. Johnson dated May 8, 1996 that his 23 credentials had been revoked. 8. Letter from TSPC to Mr. Johnson dated October 17, 1996 asking for 24 clarification on arrests and convictions. 25 9. Letter from Mr. Johnson to TSPC ,dated stamped November 12, 1996 26 explaining arrests and convictions. PAGE 1 - FINAL ORDER BY DEFAULT l ,/ ‘ DEPARTMENT OF JUSTICE 1162 Court Street N.E. Salem, Oregon 97310 ‘ (503) 378-4620 1 10. Mr. J0hns0n’s Plea 0f Guilty Form to the charge of Unlawful Sex with a . 2 Minor dated September 14, 1995. 11. El Centro Police Department Report on the investi ation into the charge 3 of Unlawful Intercourse with a Minor - Case No. $52554. 4 5 FINDINGS OF FACT 6 1. On or about June 27, 1996, Mr. Johnson made application to receive an 7 Oregon Teaching License endorsed for Elementary and Secondary Education. 8 2. On the application, Mr. Johnson indicated "no" on Character Questions 4 and 7 9 relating to the status of his teaching license and whether disciplinary action had 10 been taken against that license. 11 3. On or about May 2-3, 1996, CTCC revoked Mr. Johnson’s teaching license based on his conviction for having unlawful sex with a minor. The decision to 12 revoke was effective June 7, 1996. 13 4. The police report from the California authorities, the information provided by ' 14 the CCTC and Mr. J0hnson’s Plea of Guilty Form indicate that Mr. Johnson’s 12 teaching credentials were revoked for reasons and using procedures that are 17 substantially equivalent to those permitting similar action in Oregon. 5. On the C-1 Application Form, Mr. Johnson answered "no" to Character 1: . Question # 10 relating to convictions or nolo contendere pleas for felonies, 20 misdemeanors or major traffie violations. 6. Mr. Johnson pled no contest to the charge of unlawful sex with a minor, who 21 was his student at the time, on September 14, 1995. He was placed on Z: probation for three years, ordered to perform 500 hours of community service, and pay a fine of $1000.00. Mr. Johnson was also required not t0 have further 24 contact with the victim, participate in the Sex Offender Counseling Program Z: and not to be employed as a teacher of minors or utilize his teaching credentials .PAGE 2 - FINAL ORDER BY DEFAULT (503) 318-4620 1 while on probation. . 2 7. Mr. Johnson told the victim after they had sex that she did not have to attend 3 his class anymore, and that he would give her an "A" at the end of the 4 semester, despite her lack of attendance. 5 8. When applying for his Oregon Teaching License, Mr. Johnson altered the 6 expiration date on his revoked California Teaching Credential from 199i to 7 1996 and submitted it t0 TSPC as a basis for Oregon Licensure. However, his 8 license was valid only until August 1, 1995, and had been revoked effective 9 June 7, 1996. 10 ULTIMATE FINDINGS OF FACT 11 1. Mr. Johnson knowingly submitted a document to the Commission when making 12 application for an Oregon Teaching License containing numerous 13 misrepresentations including: (1) the failure to acknowledge his prior conviction 14 for unlawful sex with a minor, who was his student at the time, and (2) the . 15 failure to acknowledge disciplinary action taken by CTCC that resulted in the 16 revocation of his California Teaching Credentials. 17 2. Mr. Johnson also knowingly altered the expiration date of his revoked 18 California Teaching Credential when he submitted it to TSPC as a basis for 19 obtaining his Oregon Teaching License. 20 CONCLUSIONS OF LAW 21 1. Mr. Johnson violated OAR 584-20-040(4)(c) when he submitted an application 22 to the Commission containing knowing misrepresentations. 23 2. Mr. Johnson also violated OAR 584-20-040(4)(c) when he submitted an altered 24 version of his California Teaching Credential to TSPC when applying for his 25 Oregon licensure. 26 . PAGE 3 - FINAL ORDER BY DEFAULT 31s4620 1 3. Mr. Johnson is grossly unfit to serve as an educator within the meaning of ' 2 OAR 584-20-040(5) as evidenced by: (1) the revocation of his California 3 Teaching Credentials for reasons and through procedures that are the same as, 4 or substantially equivalent to those permitting similar action by TSPC; (2) the 5 misrepresentations contained in his application form; and (3) his conviction for 6 unlawful sex with a minor. 7 OPINION 8 Mr. J ohnson’s numerous misrepresentations and other actions indicate that he is 9 grossly unfit to serve as an educator. Not only did he have sex with one of his 10 students, but he then excused the student from attending his class and awarded her an 11 unearned grade. Mr. J 0hns0n’s apparent violation of his probation, committed when l2 he applied for his Oregon Teaching License, is additional evidence that he is neither a 13 competent or ethical educator as those terms are used in the TSPC rules. Notification 14 to the proper authorities of this possible parole violation is strongly recommended. . 15 Mr. Johnson will be eligible to reapply for an Oregon Substitute Teaching 16 License after a period of one year from the date of this Order. If Mr. Johnson 17 reapplies, he shall: 18 1. Read the application carefully, answer all questions truthfully, and 19 provide all necessary documents to support and clarify answers on the application. 20 2. Document that he has completed sex offender counseling. 21 3. Document that Mr. Johnson has complied with and completed all terms 22 of his probation and has been a productive, law-abiding citizen. 23 At the time of reapplication, Mr. Johnson shall have the burden of proof to 24 present evidence of fitness t0 serve as an educator. 25 26 PAGE 4 - FINAL ORDER BY DEFAULT O <50» 1184620 1 ORDER . 2 Mr. Johnson’s misrepresentations and other actions were substantial and 3 concerned matters directed related to his fitness as a educator. The Oregon Teaching 4 License of Jeffrey Allen Johnson is hereby revoked. 5 DATED this ggiy'flay of September, 1997. 6 7 TEACHER STANDARDS AND PRACTICES COMMISSION By: 424w 9 av1 . yton, ecutive ecretary 10 NOTICE: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. 11 JUDICIAL REVIEW MAY BE OBTAINED BY FILING FOR JUDICIAL REVIEW WITHIN 60 DAYS OF THE SERVICE OF 12 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 THROUGH THE OREGON 13 COURT OF APPEALS. . 14 ' 15 16 17 18 ' 19 20 21 22 23 JOHNSON.ORD/la.h/JGG1072C 24 ‘ 25 26 . PAGE 5 - FINAL ORDER BY DEFAULT DEPARTMENT OF JUSTICE 1162 Court Street N.E. Salem, Oregon 973l0 (503) 378-4620