f’ l STATE OF OREGON 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 In the Matter of thefiusievlzaching License of HOP FILE NO. 20010730 4 DARREN J. STRAND i FINAL ORDER 5 6 On April 24, 2001, Hearing Officer Catherine P. Coburn issued a proposed order to 7 revoke the Oregon Initial Teaching License of Darren Jay Strand. The proposed order contained 8 a notice permitting Mr. Strand to file written exceptions to the proposed order with the Teacher 9 Standards and Practices Commission within 3O days following service of the proposed order. 10 Mr. Strand has not filed written exceptions. 11 The Commission has reviewed the proposed order, and is now fully advised. 12 NOW, THEREFORE, IT IS HEREBY ORDERED that the findings of fact, conclusions l3 of law and proposed sanction in the proposed order are adopted and incorporated into this final 14 order by reference, and the Oregon Teaching License of Darren Jay Strand is hereby revoked. 15 DATED this ijd/ay of July, 2001. 16 TEACHER STANDARDS AND PRACTICES COMMISSION l7 k 18 By: lgkf'i [ééilj'dlw 19 David V. Myton, Executive Director 20 NOTICE: You are entitled to judicial review of this order. Judicial review may be obtained by filing a petition for review within 60 days of the service of this order. Judicial review is pursuant 21 to the provision of ORS 183.482 to the Oregon Court of Appeals. 22 23 . Page 1 - FINAL ORDER JGM:rjh/gen87376.doc 7‘ a‘ L s ; ' - , 1 4: STATE OF OREGON k ,2 BEFORE THE HEARING OFFICER PANEL for 3 THE TEACHER STANDARDS AND PRACTICES COMMISSION 4 In the Matter of the Teaching License of ) DO] File No.: 584-001-GE0040-01 Darren Jay Strand ) HOP File No.: 20010730 5 ) ) 6 TEACHER STANDARDS ) PROPOSED ORDER AND PRACTICES COMMISSION ) 7 ) v- > 8 ) DARREN JAY STRAND ) 9 On December 6, 2000, the Teacher Standards and Practices Commission (Commission) 10 filed a Notice of Opportunity for Hearing (Notice) alleging that Darren Jay Strand (respondent) 11 was convicted of three criminal statutes. On December 28, 2000, respondent, represented by 12 ' 5 Attorney at Law Angela L. Pitts timely appealed the Notice. On March 7, 2001 , the 13 Commission, represented by Assistant Attorney General Joe Gordon McKeever filed a Motion 14 for Ruling on a Legal issue pursuant to OAR 137-003-0580. 15 16 NOTICE 17 On December 6, 2000, the Commission issued a Notice which proposed to revoke 18 respondent’s Oregon Teaching License pursuant to ORS 342.175 through 342.190 and the 19 Standards for Competent and Ethical Performance of Oregon Educator, OAR 584, Division 020. 20 The Commission alleged the following misconduct: 21 i 1. On or about October 2, 2000, respondent was convicted of Contributing to the Sexual ' Delinquency of a Minor (Count 1), ORS.163 .435. 22 ' 2. On Or about December 2, 2000, respondent was convicted of Sexual Abuse in the Third Degree (Count 2), ORS 163.415 . 23 3. On or about December 2, 2000, respondent was convicted of Furnishing Liquor to a . Minor (Count 4) ORS 471.410. -4 PROPOSED ORDER: Teacher Standards and Practices Commission v. Darren Jay Strand (Case No.: 20010730) Page 1 of4 Q O 1 ISSUES '2 The issue is whether revocation of respondent’s Oregon Teaching License is warranted 3 where he was convicted of ORS 163.435, ORS 163.415 and ORS 471.410. 4 5 EVIDENTIARY RULINGS 6 The Commission attached Exhibits 1 and 2 to the Motion for Ruling on a Legal Issue 7 dated March 7, 2001. Having received no objection to these exhibits, I now consider them. 8 FINDINGS 0F FACT 9 Respondent holds an Oregon Initial Teaching License. The effective date is August 24, 10 1999 and the expiration date is August 15, 2003. (Ex. 1). On October 2, 2000, respondent was 11 convicted of Count 1: Contributing to the Sexual Delinquency of a Minor; Count 2: Sexual 12 Abuse in the Third Degree and Count 4: Furnishing Liquor to a Minor. (Ex. 2). Q3 14 OPINION AND CONCLUSIONS 0F LAW 15 ORS 342.175(2) provides: 16 .“NotwithstandingORS 670.280, the Commission shall revoke any license or registration *** when the holder or person has been l7 convicted of any crime described in ORS 342.143(3).” 18 The crimes listed under ORS 342.143(3) include Contributing to the Sexual Delinquency 19 of a Minor, ORS 163.435 and Sexual Abuse in the Third Degree ORS 163.414. The statute 20 establishes a per se rule. Without exception, revocation of the Oregon Teaching License of a 21 person who is convicted of crimes listed under ORS 342.143(3) is mandatory. 22 Based on the evidence, I find that there is no genuine issue as to any material fact that is 23 relevant to the issue whether revocation is warranted. Pursuant to OAR 137-003-0580(4), I .4 conclude that the Commission is entitled to a favorable ruling as a matter of law. PROPOSED ORDER: Teacher Standards and Practices Commission v. Darren Jay Strand (Case No.: 20010730) Page 2 of4 Q O 1 ORDER .2 The Oregon Initial Teaching License of Darren Jay Strand shall be revoked. 3 IT IS so ORDERED. 4 Dated this M day of Q2741] i , 2001 at Salem, Oregon. 5 \Z E j 6 Cat ine P. Coburti 1" Administrative Law Judge 7 Hearing Officer Panel 8 9 NOTICE OF OPPORTUNITY FOR ADMINISTRATIVE REVIEW 10 NOTICE: Pursuant to OAR 137-003-0650, you are entitled to file written exceptions to this 11 Proposed Order. Written exceptions must be received by the Teacher Standards and Practices 12 Commission within 30 days following the date of service of this Proposed Order. Mail .3 exceptions to: l4 Teacher Standards and Practices Commission Public Service Building 15 255 Capitol Street NE Salem, OR 97310-1332 16 17 18 19 20 21 22 23 O4 PROPOSED ORDER: Teacher Standards and Practices Commission v. Darren Jay Strand (Case No.: 20010730) Page 3 0f4 .1 CERTIFICATE OF SERVICE 2 r I HEREBY CERTIFY that I have served copies of the foregorng Proposed Contested 3 Case Hearing Order for Darren Jay Strand, Case N0. 584—001-GE0040-01, upon the following 4 parties by causing to be mailed on the 24th day of April, 2001, a true, exact and full copy 5 thereof, enclosed in an envelope with postage prepaid, addressed to: 6 Darren Jay Strand 745 Greenwood Street 7 Junction City, OR 97448 8 Joe G. McKeever Assistant Attorney General 9 1162 Court Street NE Salem OR 97301-4096 10 11 12 Q, \ 15 E1 en Odle, H ings Technician Hearing Officer Panel 16 17 18 19 20 21 22 23 O4 PROPOSED ORDER: Teacher Standards and Practices Commission v. Darren Jay Strand (Case No.: 20010730) Page 4 of 4 1 AMENDED CERTIFICATE OF SERVICE 3 I HEREBY CERTIFY that I have served copies of the foregoing Proposed Contested 4 Case Hearing Order for Darren Jay Strand, Case No. 584-001-GE0040-01, upon the following 5 parties by causing to be mailed on the 24‘h day of April, 2001, a true, exact and full copy thereof, 6 enclosed in an envelope with postage prepaid, addressed to: 7 Angela J. Pitts ‘ Attorney at Law 8 1099 SW Columbia Suite 300 9 Portland OR 97201 10 11 ‘ 12 14 15 16 " *"fl' QM in 4120 ' 18 Jo Ellen Odle, Hearings Technician Hearing Officer Panel 19 20 21 22 23 PROPOSED ORDER: Teacher Standards and Practices Commission v. Darren Jay Strand (Case No.: 20010730) Page 5 of 5