l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Z OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION AND REVOCATION 6 JONATHAN ROBERT MAGGIANO ) OF RIGHT TO APPLY 7 8 On March 14, 2016, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Jonathan Robert Maggiano 10 (Maggiano) in which the Commission charged him with Gross Neglect 0f Duty and 1 1 Gross Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail 12 Receipt 7015 0640 0004 7539 8186 to the address on file with the Commission. The 13 Notice designated the Commission file as the record for purposes of proving a prima 14 facie case. The Certified Mail receipt was returned signed to the Commission on March 15 17, 2016. The regular mail was not returned t0 the Commission. The Notice of 16 Opportunity of Hearing, dated March 14, 2016, and signed by Victoria Chamberlain, 17 Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 M aggiano did not request a hearing. The Commission, therefore, finds Maggiano t0 be 27 in default and enters the following findings 0f fact, conclusions 0f law, and final order, 28 based on the files and records of the Commission concerning this matter. 19 30 FINDINGS OF FACT 31 1. Jonathan Maggiano has been licensed by the Commission since April 26, 2013. 32 Maggiano‘s Initial 1 Teaching License, with an endorsement in Language Arts (HS, 33 ML), is valid from October 27, 2014, through July 1, 2016. During all relevant times, 34 Maggiano was employed by the Tigard-Tualatin School District. 35 2. On December 28, 2015, Maggiano pled guilty to and was convicted 0f Sexual Abuse 36 in the Second Degree (ORS 163.425), a class C Felony. Maggiano was sentenced to PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- JONATHAN ROBERT MAGGIANO , 1 24 months of supervised probation and required to register as a sex offender upon 2 Maggian0’s release. 3 3. Maggiano’s conviction arose from allegations that on or about July 18, 2015, 4 Maggiano subjected a student, under the age of 18, to sexual contact (Oral Sex). 5 CONCLUSIONS OF LAW 6 Maggiano’s convictions constitutes gross neglect of duty in violation of ORS l 7 342.175(1)(b);, OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 8 professionaljudgment); and OAR 584-020-0040(1)(n) (ORS 163.425 —SexualAbuse in 9 the Second Degree). This conduct also constitutes gross unfitness in violation of ORS 10 342.175(1)(c); OAR 584-020-0040(5)(e) (Admission ofor engaging in acts constituting 11 criminal conduct, even in the absence of a conviction). 12 13 Pursuant to ORS 342.175(3) and OAR 584-020-004o(1) the Teacher Standards 14 and Practices Commission must revoke Maggian0’s license and Maggian0’s right t0 15 apply for a license based on his conviction of any of the crimes listed in ORS 16 342.143(3)(a), or the substantial equivalent of any of those crimes. Additionally, l7 Maggian0’s convictions constitute “gross unfitness” in violation of ORS 342.175(1)(c), 18 OAR 584-020-0040(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross 19 unfitness is any conduct which renders an educator unqualified to perform his or her 20 professional responsibilities”). 21 22 Furthermore, the conduct underlying Maggiano’s indictments and conviction 23 constitutes gross neglect 0f duty in violation of ORS 342.175(1)(b); OAR 584-020- 24 0040(4)(n) as it incorporates OAR 584~020-0010(5) (Use professional judgment); OAR 25 584-020-0040(1)(n) (ORS 163.425 —Sexual Abuse in the Second Degree). This conduct 26 also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020- 27 0040(5)(c) (Conviction ofviolating anyfederal, state, 0r local law. A conviction 28 includes anyfinaljudgment ofconviction by a court whether as the result ofguilty 29 plea, no contest plea or any other means); OAR 584-020-0040(5)(d) (Commission of 3O an act listed in OAR 584-020-0040(1); and OAR 584-020-0040(5)(e) (Admission ofor 31 engaging in acts constituting criminal conduct, even in the absence ofa conviction). PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- JONATHAN ROBERT ‘ MAGGIANO 1 1 2 The Commissions authority to impose discipline in this matter is based upon ORS 3 342.175. 4 FINAL ORDER ‘ 5 The Commission hereby revokes Jonathan Robert Maggiano’s educator license i 6 and revokes his right to apply fori an educator license. 1 . rt‘ I 7 1T IS s0 ORDERED THIS Z3 day 0f May, 2016. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 1 I) 1 1 By: 12 Victoria Chamberlain, Executive Director 13 14 15 16 NOTICE OF APPEAL OR RIGHTS l7 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 19 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 20 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 21 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY- JONATHAN ROBERT MAGGIANO CERTIFICATE OF MAILING I hereby certify that l served the foregoing notice of final order, certified by me as such. by mailing U.S. First Class Mail and U.S. Certified MailiReturn Receipt Requested, addressed to: Jonathan Robert Maggiano 2427513 61SI Ave Portland, OR 97206-1312 7 11'2"! Dated this Z v day of May, 2016. K In” . , f . By: / 321/1 (Zitg'éZ/f'et Patty S- ldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— JONATHAN ROBERT MAGGIANO