1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF 6 LARRY DALE COURTIER COATES ) RIGHT TO APPLY 7 8 9 On June 10, 2014, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice 0f Opportunity for Hearing to Larry Dale Courtier Coates (Coates) in which 11 the Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First 12 Class Mail and U.S. Certified Mail Receipt 7010 2780 0000 2187 4061 to the address on file 13 with the Commission. The Notice designated the Commission file as the record for purposes l4 0f proving a prima facie case. As 0f January 21, 2015, the Certified Mail receipt has not been 15 received by the Commission. The first class mail was not returned to the Commission. The 16 Notice of Opportunity 0f Hearing, dated January 8, 2015, and signed by Victoria 17 Chamberlain, 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 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 On January 19, 2015, Coates thru his attorney Barish, withdrew his request for a hearing 27 and requested a default order. The Commission, therefore, finds Coates to be in default and 28 enters the following findings of fact, conclusions of law, and final order, based on the files 29 and records of the Commission concerning this matter. 30 FINDINGS OF FACT 31 1. The Commission has licensed Coates since June 29, 1999. Coates previously held 32 an Initial II Teaching License valid from August 27, 2011, through August 26, 33 2014, with an endorsement in Music (ML/ HS). On June 11, 2014, Coates 34 submitted a written request / notice that he was surrendering his teaching 35 license, effective on that date, as part 0f an agreement with the Beaverton City 36 Attorney to settle Coates’ related criminal investigation. During all relevant 37 times, Coates was employed by the Beaverton School District. i PAGE 1-DEFAULT ORDER OF REVOCATION 0F RIGHT To APPLY- LARRY DALE COURTIER COATES 1 2. On April 8, 2014, the Commission received a report from the Beaverton School 2 District alleging Coates violated professional standards and practices. The 3 resulting district, law enforcement, and Commission investigations determined 4 that 0n 0r about April 3, 2014, while Coates was employed as a teacher at the 5 Whitford Middle School, Coates, 0n two occasions, physically pulled an eighth 6 grade student (AC) by the hair, causing her pain. AC rated her pain level as a 7 7 out of 10, with 10 being the worst pain she had ever felt, and rated her pain level 8 at a 6 approximately 3 hours after the event, telling police officers that her head 9 still ached. AC reports she would be uncomfortable returning to Coates’ 10 classroom, and had been seeking a transfer from Coates’ class because of other 11 inappropriate behavior on Coates’ part. The hair pulling event was witnessed by 12 the entire classroom and several students reported being disturbed by Coates’ ‘ l3 actions and uncomfortable in his classroom. Both the school district’s and the g 14 Commission’s investigations determined Coates’ use of force on the involved i 15 student t0 be excessive, inappropriate, and in violation of local policy. i 16 17 3. Due to Coates’ conduct in section two, Coates was charged with the criminal 18 conduct of Harassment, a class B misdemeanor. At a later date, the criminal 19 charges were dismissed as a result of a civil compromise that required Coates t0 20 continue counseling, write an apology letter t0 AC, surrender his teaching license, 21 and resign Coates’ employment. On June 11, 2014, Coates submitted a letter to 22 the Commission voluntarily offering to surrender his teaching license. The 23 Commission accepted the surrender pending due process and final Commission 24 approval. 25 26 4. During the course of the investigation regarding the allegations contained in sections 27 two and three, additional inappropriate conduct on Coates’ part was discovered by 28 commission investigators. On May 28, 2013, Coates was issued a letter of reprimand 29 from the Beaverton School District. This was a result of students reporting to the 30 administration additional conduct on Coates’ part that violates professional standards. 31 Students reported the following conduct: i PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- LARRY DALE COURTIER COATES l a. Coates, on more than one occasion, struck students on the head with a 2 book/ music folder/ notebook for forgetting an instrument, playing the wrong 3 note, or for asking for help. 4 b. Multiple students reported Coates would call some students by nicknames, like 5 “Goliath” (large student), “Fuzzy” (student’s hair), and “Squirrel”. After being 6 confronted by the administration about this, Coates reported to his class that 7 there “was a tattletale in the classroom”. Students reported that Coates 8 commented to one student that they had “terrible hair”, Coates then stated “Hey 9 that was mean, you get to slap me”. 10 c. Students reported that Coates would on occasion grab students by the ear and 1 1 physically lead them t0 a position or instrument. 12 d. Students complained that Coates would line the classroom up and tell the class 13 that if they were in the front of the line, they were an “A”, and if in the back of the 14 line, they were an “F”. Students advised they were embarrassed by this and felt 15 bad in front of their peers as a result. 16 17 CONCLUSIONS OF LAW 18 Larry Dale Courtier Coates engaged in unprofessional conduct as described in section 19 two (2) and three (3) above. This conduct constitutes Gross Neglect of Duty in violation ORS 2O 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(1) 21 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 22 020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(a) (Establishing and 23 maintaining classroom management that is conductive to learning), OAR 584-020- 24 0025(2)(e) (Using district lawfiil and reasonable rules and regulations); and OAR 584-020- 25 0040(4)(d) (Unreasonable physical force against students, fellow employees, or visitors to 26 the school, except as permitted under ORS 339.250). This conduct also constitutes gross 27 unfitness in violation 0f ORS 342.175(1)(c); OAR 584-020-0040(5)(e) (Admission of, 0r 28 engaging in acts constituting criminal conduct, even in the absence of a criminal 29 conviction). Specifically, your conduct constituted Harassment as defined in ORS 3O 166.065(1)(a). 31 Larry Dale Courtier Coates engaged in unprofessional conduct as described in section PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- LARRY DALE COURTIER COATES 1 four (4) above. This conduct constitutes Gross Neglect of Duty in violation ORS 342.175(1)(b); 2 OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(1) (Recognize the worth 3 and dignity 0f all persons and respect for each individual), OAR 584-020-0010(5) (Use 4 professional judgment), OAR 584-020-0015(2)(e) (Skill in the selection and use of teaching 5 techniques conducive to student learning), OAR 584-020-0025(2)(a)(Establishing and 6 Maintaining classroom management that is conductive to learning), OAR 584-020- 7 0030(2)(b) (Skill in communicating with administrators, students, staff, parents, and other 8 patrons); and OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) 9 (Honoring appropriate adult boundaries with students in conduct and conversations at all 10 times). 11 12 The Commission’s authority to impose discipline in this matter is based upon ORS 13 342.175. 14 FINAL ORDER 15 The Commission hereby accepts the surrender of Larry Dale Courtier Coates’ 16 Educator License, and revokes Larry Dale Courtier Coates’ right to apply for an Educator l7 licensure. 18 rel 19 IT IS SO ORDERED THIS 23 day of January, 2015. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 By: 22 Victoria Chamberlain, Executive Director 23 24 NOTICE OF APPEAL OR RIGHTS 25 26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 27 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 28 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 29 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY- LARRY DALE COURTIER COATES CERTIFICATE OF MAILING I 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: Larry Dale Courtier Coates 15630 SW 88th Ave Portland, OR 97224-5502 r0] Dated this 33 day of January, 2015. By: Patty el Investigative Assistant I PAGE 1- CERTIFICATE OF MAILING— LARRY DALE COURTIER COATES