1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) 4 Licensure of ) DEFAULT ORDER OF 5 JOHN DOUGLAS ELDER ) DENIAL OF LICENSURE 6 ) 7 8 On December 3, 2002, the Teacher Standards and Practices Commission 9 issued a Notice of Opportunity for Hearing to John Douglas Elder, in which the 10 Commission proposed to deny issuance ofa license under ORS 342.143(2) and its 11 administrative rules implementing that legal authority OAR 584-050-0006(1) and (5). 12 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt #7001 13 0320 0005 0740 5406 to the address Mr. Elder provided to the Commission. The ‘ 14 certified mail receipt was signed and dated by Mr. Elder on December 5, 2002, and ; returned to the Commission on December 6, 2002. John Douglas Elder did not 16 request a hearing. 17 The Notice of Opportunity for Hearing, signed by Victoria Chamberlain, Executive 18 Director, stated: 19 If a request for hearing is not received within this 21-day period, your right to 20 hearing shall be considered waived unless your failure to request a hearing 21 was beyond your reasonable control. lf you do not request a hearing or if 22 you fail to appear at a hearing, the Commission will uphold the denial of 23 your application for an Oregon teaching license. 24 25 Based on the foregoing, the Commission'finds John Douglas Elder in default and 26 such default is hereby entered. Based on the records and files of the Commission, the 27 Commission enters the following findings of fact, conclusions of law and order. 28 /// . /// PAGE 1 - DEFAULT ORDER OF DENIAL OF LICENSURE-JOHN DOUGLAS ELDER Q FINDINGS OF FACT 2 1. In October of 1993 female students attending Paisley School reported to the 3 Superintendent of Paisley School District and CSD that Mr. Elder touched them and 4 made inappropriate comments to them. 5 2. On January 13, 2000, sixth grade female students attending Stearns 6 Elementary School in Klamath County School District reported that Mr. Elder touched 7 them inappropriately, made inappropriate comments to them and directed them t0 write s letters to his girlfriend. 9 3. On or about September 25, 2002, Mr. Elder signed and submitted an 10 Application for Educator License Form C-1 requesting a Standard Teaching License. 11 The Commission wrote to Mr. Elder indicating that he did not meet requirements for a ‘ Standard Teaching License. On October 18, 2002, Mr. Elder wrote to the Commission 13 requesting that he application be treated as a renewal of his expired Substitute 14 Teaching License. 15 4. In the character question section of the application Mr. Elder failed to respond 16 affirmatively to character question 1 disclosing that he left employment on January 13, 17 2000, involuntarily, while the subject of an investigation at Stearns Elementary School, 18 Klamath Falls School District. 19 5. In the character question section of the application Mr. Elder failed to respond 20 affirmatively to character question 2 indicating that he is currently the subject of a State 21 Police investigation regarding misconduct on January 13, 2000, at Stearns Elementary 22 School, Klamath Falls School District. ‘ /// PAGE 2 - DEFAULT ORDER OF DENIAL OF LICENSURE—JOHN DOUGLAS ELDER ‘I CONCLUSIONS 0F LAW 2 The conduct described in Findings of Fact numbers 1 and 2 above constitute 3 gross neglect of duty in violation of OAR 584-020-0040(4)(f) and are sufficient basis for 4 denial of Iicensure pursuant to OAR 584-020-0040(3)(c). The conduct described in 5 Findings of Fact numbers 3 and 4 above constitute gross neglect of duty in violation of 6 OAR 584-020-0040(4)(c) and are sufficient basis for denial of Iicensure pursuant to 7 OAR 584-020-0040(3)(c). The Commission‘s authority to deny Iicensure in this matter s is based upon ORS 342.143. 9 ORDER 10 The Commission denies issuance of Iicensure to John Douglas Elder. . 11 IT IS SO ORDERED this JL day of January 2003. d TEACHER STANDARDS AND PRACTICES COMMISSION 13 15 ictoria Cha rlain, Exe utive Director 16 17 NOTICE OF APPEAL RIGHTS 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL 19 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 20 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT 21 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. Q PAGE 3 - DEFAULT ORDER OF DENIAL OF LICENSURE-JOHN DOUGLAs ELDER . CERTIFICATE OF MAILING l hereby certify that I served the foregoing default order of denial of Iicensure, certified ' by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail--Return Receipt Requested, addressed to: John Douglas Elder PO Box 1205 Lakeview OR 97630 I» Dated this ML day of January 2003. W * ' .- By: I'l'“ [67% . Melo‘ - neg Exe 13%,“ nt to the Commission PAGE 1 — CERTIFICATE OF MAILING-JOHN DOUGLAS ELDER