l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Application ) DEFAULT ORDER OF 5 for Student Teaching Authorization ) PUBLIC REPRIMAND 6 AVIGAIN HERNANDEZ-CRUZ ) AND PROBATION 7 8 9 On July 15, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Avigain Hernandez—Cruz (Hernandez-Cruz) in l l which the Commission charged him with Gross Neglect 0f Duty. The Notice was sent via 12 U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 5512 to the l3 address on file with the Commission. The Notice designated the Commission file as the l4 record for purposes of proving a prima facie case. The Certified Mail receipt was returned to 15 the Commission “signed” on July 21, 2015. The first class mail was not returned t0 the 16 Commission. The Notice 0f Opportunity of Hearing, dated July 15, 2015, and signed by l7 Victoria Chamberlain, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 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 YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Hernandez-Cruz Cruz did not request a hearing. The Commission, therefore, finds 27 Hernandez Cruz to be in default and enters the following findings of fact, conclusions of law, 28 and final order, based on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Hernandez-Cruz has never been licensed by the Commission. On November 19, 3l 2014, Hernandez-Cruz made application to the Commission for Student Teaching 0r 32 Practicum via a PA-1 application form. The Commission has jurisdiction over 33 Student Teaching applicants. 34 2. Hernandez-Cruz’s application was referred to Professional Standards for 35 investigation due to affirmative answers to character questions 1, 3, 8, and 10 0n his 36 application. Background investigation determined Hernandez-Cruz had a criminal 37 record including the following history: PAGE 1-DEFAULT ORDER OF REPRIMAND WITH PROBATION- AVIGAIN HERNANDEZ—CRUZ 1 c March 3, 2011 — arrested for Reckless Driving-Misdemeanor 2 I December 1, 2012 — arrested for DUII-Misdemeanor (Diversion January 3 2014) 4 0 November 26, 2013 — arrested for Theft 2nd Degree-Misdemeanor - 5 November 14, 2014, the case was discharged 6 ¢ May 22, 2014 — arrested for Assault IV — Domestic Abuse and two counts 7 Strangulation, October 14, 2014, convicted of Assault IV domestic. 8 0 September 30, 2014 ~ arrested bench warrant, failure t0 appear, 9 Misdemeanor 10 On May 22, 2014, Hernandez-Cruz was arrested on charges stemming from a law 1 1 enforcement investigation in regard to Hernandez-Cruz physically assaulting his then live- 12 in girlfriend. The original criminal charges included Assault in the fourth degree (ORS 13 163.160), a class A misdemeanor; two counts of Strangulation (ORS 163.187), a class A l4 misdemeanor; Menacing (ORS 163.190), a class A misdemeanor; and two counts of 15 Harassment (ORS 166.065(3), a class B misdemeanor. On October 14, 2014, Hernandez- 16 Cruz pled guilty to and was convicted 0f Assault in the fourth degree (ORS 163.160), a class l7 A misdemeanor. The remaining charges were deferred pending completion 0f Hernandez- 1 18 Cruz’s sentence and were later dismissed. Hernandez-Cruz was sentenced to 14 days in jail, 19 two years’ probation, required to pay fines, and complete domestic violence treatment. This 20 conviction arose from allegations that on May 22, 2014, Hernandez-Cruz physically 2l assaulted his girlfriend, causing physical injury. 22 CONCLUSIONS OF LAW 23 Avigain Hernandez-Cruz engaged in unprofessional conduct as described above. 24 Hernandez-Cruz’s convictions detailed above, and the conduct underlying Hernandez- ‘ 25 Cruz’s charges and convictions constitutes gross neglect of duty in violation of ORS i 26 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use 27 professional judgment), and OAR 584-020-0040(4)(0) as it incorporates OAR 584-020- 28 0035(3)(a) (Maintain the, dignity ofthe profession by respecting and obeying the law, 29 exemplifying personal integrity and honesty). This conduct also constitutes gross unfitness 3O in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction ofuiolating any PAGE 2-DEFAULT ORDER OF REPRIMAND WITH PROBATION- AVIGAIN HERNANDEZ~CRUZ 1 federal, state, or local law. A conviction includes any final judgment of conviction by a 2 court whether as the result of guilty plea, no contest plea or any other means), and OAR 3 584-020-0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even 1 4 in the absence of a conviction). 5 6 The Commission’s authority t0 impose discipline in this matter is based upon ORS 7 342-175(2)- 8 FINAL ORDER 9 10 1. Avigain Hernandez-Cruz is hereby publicly reprimanded. 1 1 2. Should Hernandez-Cruz ever successfully apply for any teaching license from the 12 Commission, the Commission further Orders as follows: 13 a. Hernandez-Cruz shall be placed on probation for a period of (3) years from 14 the date he receives a license from the Commission. 15 b. As part of the probation, Hernandez-Cruz shall comply with the Standards 16 for Competent and Ethical Performance 0f Oregon Educators under 17 Oregon Administrative Rules Chapter 584, Division 02o. 18 c. Violation of any term or condition of probation shall constitute an 19 independent basis for the Commission to revoke Hernandez-Cruz’s 20 teaching license or otherwise impose discipline, after first providing 21 Hernandez-Cruz with notice and opportunity for hearing. 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 29 /// PAGE 3-DEFAULT ORDER OF REPRIMAND WITH PROBATION- AVIGAIN HERNANDEZ-CRUZ 1 IT IS so ORDERED THIS 02/ day of (@fl, ,2o/_oT 2 l l 3 TEACHER STANDARDS AND PRACTICES COMMISSION . i 222W) W i 4 By: 5 Victoria Chamberlain, Executive Director 6 7 NOTICE OF APPEAL OR RIGHTS 8 9 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 10 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 11 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 12 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF REPRIMAND WITH PROBATION- AVIGAIN HERNANDEZ~CRUZ CERTIFICATE OF MAILING 1 hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Avigain Hernandez-Cruz . , .1 Z :2; Dated this Q7 day 0f , 20¢ By: Pa ' de l Inves 1gative Assistant PAGE 1- CERTIF1CATE OF MAILING— AVIGAIN HERNANDEZ-CRUZ