1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER OF

5 Educator License of ) REVOCATION AND REVOCATION

6 ) OF RIGHT

7 JEFFREY SCOTT MILLER ) TO APPLY FOR LICENSURE

8

9 On August 16, 2017, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice of Opportunity for Hearing to Jeffrey Scott Miller (Miller)
11 in which the Commission charged him with Gross Neglect of Duty and Gross Unfitness.
12 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7016 1370
13 0000 0901 8894 to the address on file with the Commission. The Notice designated the
14 Commission file as the record for purposes of proving a prima facie case. The Certified
15 Mail was returned to the Commission, “Return to Sender, Refused”. The regular first
16 class mail was not returned to the Commission, and assumed delivered. The Notice of
17 Opportunity for Hearing, dated August 16, 2017, and signed by Trent Danowski, Co-
18 Interim Executive Director, stated:
l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
23 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
24 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
25 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
26
27 Miller did not request a hearing. The Commission, therefore, finds Miller t0 be in
28 default and enters the following findings of fact, conclusions of law, and final order,
29 based on the files and records of the Commission concerning this matter.
30 FINDINGS OF FACT
31 1. Jeffrey Scott Miller has been licensed by the Commission since June 30, 1983.
32 Miller held a Standard Teaching License, with an endorsement in Standard Social
33 Studies (02o), which was valid from May 6, 2010, through May 5, 2015.
34
35 2. On August 22, 2016, the Commission received police reports from the Astoria Police
36 Department (APD) indicating that Miller was arrested on a charge of Public
37 Indecency 0n July 20, 2016.

PAGE 1-DEFAULT ORDER 0F REVOCATION AND REVOCATION OF RIGHT To APPLY - JEFFREY SCOTT
MILLER

1 3. According t0 court records, on March 2, 2017, the Clatsop County Circuit Court

2 accepted Miller’s plea of “No contest” and subsequently convicted Miller of the

3 offense of “Public Indecency”, ORS 163.465(2)(a), a class A Misdemeanor. Miller

4 was sentenced in part, to 10 days in jail, 18 months of probation supervision, and

5 other general conditions.

6 4. Miller’s criminal charges and subsequent conviction arose from allegations that on

7 or about July 30, 2016, Miller was laying on a public sidewalk, naked on a towel

8 while masturbating. Two victims observed Miller’s conduct as they drove along the

9 roadway and reported Miller’s conduct to police. The victims were able to
10 photograph Miller’s conduct and identified him as the suspect to police.
l 1
12 CONCLUSIONS OF LAW
13 Jeffrey Scott Miller’s criminal conviction constitute gross neglect of duty in
14 violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-
15 020-0010(5) (Use professional judgment); and OAR 584-020-0040(1) (The
16 Commission will deny, revoke or deny the right to apply for a license or charter school
17 registration to any applicant or educator who, has been convicted of any of the crimes
18 listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted
19 in another jurisdiction), including OAR 584-o2o-oo4o(1) (t) (ORS 163.465 —Public
20 Indecency). This conduct also constitutes gross unfitness in ORS 342.175(1)(c); OAR
21 584-o2o-oo4o(5)(c) (Conviction of violating any federal, state, 0r local law. A
22 conviction includes any final judgment of conviction by a court whether as the result of
23 guilty plea, no contest plea 0r any other means); OAR 584-020-0040(5)(d)
24 (Commission of an act listed in OAR 584-020-0040(1)); and OAR 584-020-0040(5)(e)
25 (Admission of or engaging in acts constituting criminal conduct, even in the absence of
26 a conviction).
27
28 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards
29 and Practices Commission must revoke Miller’s license and Miller’s right to apply for a
30 license based on conviction of any of the crimes listed in ORS 342.143(3)(a), or the
31 substantial equivalent of any of those crimes.

aAfi-EF2-DEFAULT ORDER OF REVOCATlON AND REVOCATION OF RIGHT TO APPLY - JEFFREY SCOTT

1 Furthermore, the conduct underlying Miller’s indictments and convictions
2 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
3 oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR
4 584-o2o-oo4o(4)(k)( Violation of any rule or order of the Commission); and OAR 584-
5 020-0040(4)(0) as it incorporates OAR 584-020-0035(3)(a)(Maintain the dignity of
6 the profession by respecting and obeying the law, exemplifying personal integrity and
7 honesty). Additionally, Miller’s conviction and conduct related t0 Miller’s conviction
8 constitute “gross unfitness” in violation of ORS 342.175(1)(c); OAR 584-o2o-oo4o(3)(c)
9 and (d) as defined by OAR 584-020-0040 (5) (Gross unfitness is any conduct which
10 renders an educator unqualified to perform his 0r her professional responsibilities).
l l
12 The C0mmission’s authority to impose discipline in this matter is based upon ORS
13 342.175.
14 .
15 FINAL ORDER
16 The Commission hereby revokes Jeffrey Scott Miller’s teaching license and his
17 right to apply for licensure.
IL
18 IT IS so ORDERED THIS .95 day of October, 2017.
l9 TEACHER STANDARDS AND PRACTICES COMMISSION
20
21
22 By: —__
23 Trent Danowski, Co-Interim Executive Director
24
25
26
27 NOTICE OF APPEAL OR RIGHTS
28
29 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
3O BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE
31 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
32 ORS 183.482 TO THE OREGON COURT OF APPEALS.
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MILLER