1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
. OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER REVOKING
5 Teaching License of ) RIGHT TO APPLY FOR LICENSURE
6 DANIEL PERRY O'HEARN )
7
8 On March 11, 2004, the Teacher Standards and Practices Commission (Commission)
9 issued a Notice of Opportunity for Hearing to Daniel Perry O'Hearn (O'Hearn) in which the
10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S.
11 First Class Mail and U.S. Certified Mail Receipt 7002 3150 0004 3437 3468 to the address
12 obtained by the Commission. On April 2, 2004, the U.S. Certified Mail was returned to the
13 Commission as “unclaimed”. The First Class Mail envelope was not returned and is assumed
14 delivered. The Notice of Opportunity of Hearing, dated March 11, 2004, and signed by Victoria
15 Chamberlain, Executive Director, stated:
6 “You, Daniel Perry O’Hearn, are entitled to a hearing on the proposed action of
‘ the Commission. if you want a hearing, you must tile a written request for a
8 hearing with the Commission within 21 days of the date of this notice, Attached
19 to this notice is a copy of the procedures, right of representation and other rights
20 of parties relating to the conduct of a hearing as required under ORS
21 183.413(2).”
22
23 Mr. O'Hearn did not request a hearing. The Commission, theretore, finds
24 Mr. O'Hearn to be in default and enters the following findings of fact, conclusions of law
25 and order, based on the files and records ot the Commission concerning this matter.
26 FINDINGS OF FACT
27 1. Mr. O’Hearn held a Transitional Teaching License with endorsements in Multiple
28 Subjects Self-Contained and Special Education, issued February 8, 2000, expired
29 February 8, 2003.
30 2. On December 7, 2002, at Chemawa Indian School, Mr. O'Hearn grabbed a student
31 by the arm, pushed him and kicked him in the leg.
. PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE — O‘HEARN

1 3. On February 11, 2003, Mr. O’Hearn engaged in acts constituting criminal conduct
Q (Disorderly Conduct and Harassment). Mr. O’Hearn struck a man with his fist while the man

3 was seated in a vehicle in the parking lot of an apartment complex in Corvallis.

4 3. On February 28, 2003, Mr. O’Hearn was convicted of Disorderly Conduct in the

5 Circuit Court of the State ot Oregon for Benton County.

(1 CONCLUSIONS OF LAW

7 Mr. O’Hearn‘s criminal conviction and behavior engaging in acts constituting criminal

8 conduct constitute Gross Untitness in violation of OAR 584-020-0040(5)(c) and OAR 584-020-

9 0040(5)(e). Mr. O’Hearn’s unreasonable physical force against a student constitutes Gross

10 Neglect of Duty in violation ot OAR 584-020-0040(4)(d). The Commissions authority to impose

11 discipline in this matter is based upon ORS 342.175.

l2 ORDER

3 The Commission hereby revokes Daniel Perry O’Hearn’s right to apply for licensure.
Q IT IS SO ORDERED this 7+!‘L/day of May, 2004.

15 TEACHER STANDARDS AND PRACTICES COMMISSION

16

1; B, ,2Zé/MY‘1Q; 2 4,; é,

. , / r ,_/ / . < ‘ , .

19 ictoria Cham Llain, Executive Director

3(1) NOTICE OF APPEAL OR RIGHTS

ii YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE

24 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE

25 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS

26 183.482 TO THE OREGON COURT OF APPEALS.
. PAGE 2 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE — O’HEARN

'1 CERTIFICATE OF MAILING

3 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me

4 as such by regular U.S. mail and by U.S. Certified MaiI—Return Receipt Requested, addressed

5 to:

6

7 Daniel Perry O’Hearn

8 PO Box 812

9 Philomath, OR 97370-0812

10 077 +'\//‘

11 Dated this day of May, 2004. __

12

13 /, /'

I4 W "\

15 By:

lo Melo y Hans cutive Assistant

I

. PAGE 1 — CERTIFICATE OF MAILING — O'HEARN