, 4 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) 5 Basic Teaching License of ) DEFAULT ORDER 6 HENRY LANDRY DELANEY, JR. ) REVOKING LICENSE 7 ) 8 9 On July 17, 2000, the Teacher Standards and Practices Commission issued a Notice of 10 Opportunity for Hearing to Henry Landry Delaney, Jr. in which the Commission proposed to 11 suspend or revoke the teaching license of Henry Delaney or otherwise impose discipline under 12 ORS 342.177. The notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt Z 13 204 897 220. The certified mailing was returned to the Commission as “unclaimed”. The 14 mailing sent via U.S. First Class Mail has not been returned. The Notice of Opportunity for 15 Hearing, signed by David V. Myton, Executive Director, stated: 16 17 "You, Henry Landry Delaney, Jr., are entitled to a hearing on the proposed 18 revocation of your Basic Teaching license. If you desire a hearing, you must 19 notify the Executive Director of the Commission, in writing, within 21 days of the 20 date of this notice." 21 22 Based on the foregoing, the Commission finds Mr. Delaney in default and such default is 23 hereby entered. Based on the records and files of the Commission, the Commission 24 enters the following findings of fact and order. 25 26 27 FINDINGS OF FACT 28 29 l) On or about March 15, 1998, Delaney violated OAR 584-020-0040(4)(1)When he directed 30 students to deliver inappropriate printed material as a practical joke to a male and two female 31 teachers during school hours. 32 33 2) During the 1992-93 school year, Delaney violated OAR 584-020-0040(4)(f) and (5)(d) by 34 sexually abusing DM, an eighth grade student. 35 36 3) On or about February 28, 1994, Delaney violated OAR 584-020-0040(4)(f) by using 37 inappropriate comments such as “slut” in front of j unior high male students following a 38 conversation about a junior high female student. 39 40 4) On or about January ll, 1995, Delaney violated OAR 584-020-0040(4)(d) when he 41 confronted a teacher, Kelly Reynolds, in the Library at Ponderosa Middle School in an 42 aggressive, intimidating and threatening manner. l PAGE l—DEFAULT ORDER—HENRY LANDRY DELANEY, J'R. . 1 5) On or about March 10, 1995, Delaney violated OAR 584-020-0040(4)(l) when he spoke to 2 school bus driver Beth Yantis in a loud and angry voice. The bus driver indicated that she 3 felt Delaney was “telling her off ’ and undermining her authority. During a meeting on 4 March 17, 1995, Delaney said that he was only trying to get her to let him do the discipline 5 because he felt he could be more effective than she with the boys. 6 7 6) In October of 1996, Delaney violated OAR 584-020-0040(4)(f) when he made comments to 8 RH suggesting that her backside was her better side. On November 6, 1996, Dr. and Mrs. 9 Hale issued a written complaint addressed to Vice Principal Terry Kenfield, alleging that 10 Delaney’s comments in this incident and prior behavior toward their daughter, a student at 11 Ponderosa Junior High School, constituted sexual harassment. The Hales’ requested their 12 daughter be transferred to another section of Health. l3 14 7) On or about January 28, 1998, Delaney violated OAR 584-020-0040(4)(f) when he directed 15 JD to remove his clothing (his wrestling singlet and wrestling gear) on the bus in front of 16 other female and male students. l7 18 8) On or about February 2, 1998, Delaney violated OAR 584-020-0040(4)(d) when he exhibited 19 unreasonable physical force against Joe Tacchini, a fellow employee, in the wrestling room 20 of Ponderosa Junior High School. On February 17, 1998, Delaney was placed on 21 administrative leave as a result of the incident. Delaney was not returned to the classroom. 22 On March 20, 1998, Delaney resigned by Agreement in lieu of termination effective June 12, '23 1998. 24 25 26 CONCLUSIONS OF LAW 27 28 Mr. Delaney’s actions constitute gross neglect of duty in violation of OAR 584-020-0040(4)(d), 29 (f) and (l) for using unreasonable physical force against a fellow employee, sexual conduct with 30 a student and sexual harassment. By committing an act listed in OAR 584-020-0040(1), Mr. 31 Delaney’s actions constitute gross unfitness as per OAR 584-020-0040(5)(d). 32 33 34 OPINION 35 36 Mr. Delaney’s contact with students was the result of his position as a teacher. His conduct 37 violated professional ethics of licensed educators. 38 PAGE 2—DEFAULT ORDER—HENRY LANDRY DELANEY, JR. . l 2 ORDER 3 4 The Commission revokes the Oregon Teaching License #231206, issued to Henry L. Delaney, 5 for gross neglect of duty and gross unfitness. 6 7 it” 8 Dated this day of 2000. 9 10 TEACHER STANDARDS AND PRACTICES COMMISSION 11 '2 7Q) ” @P l3 14 By: W 15 David V. Myton, Executive Director l6 17 NOTICE OF APPEAL OR RIGHTS 18 19 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 20 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 21 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 22 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. .23 24 DVM/mgh 25 26 27 CERTIFICATE OF MAILING 28 29 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 30 as such by regular U.S. mail and by U.S. Certified Mai] with Return Receipt Requested to: 31 32 Henry L. Delaney 33 PO Box 917 l 34 Chiloquin OR 97624 ‘ 35 l 36 k 4*"- 1 31 Dated this 0/29 day orMmoo. § 38 39 ‘ 4o . / /., 41 By: 141114 . I / "l I Mm 43 ‘ ‘ W ant to the Commission ‘I PAGE 3—DEFAULT ORDER—HENRY LANDRY DELANEY, JR.