l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) PUBLIC REPRIMAND 6 MARK HARRIS ERICKSON ) 7 8 9 On February 29, 2016, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Mark Harris Erickson I I (Erickson) in which the Commission charged him with Gross Neglect of Duty. The Notice 12 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 8155 13 to the address on file with the Commission. The Notice designated the Commission file as l4 the record for purposes of proving a prima facie case. The Certified Mail receipt was 15 returned to the Commission “signed” on March 9, 2016. The first class mail was not l e returned to the Commission. The Notice of Opportunity 0f Hearing, dated February 29, I7 2016, and signed by Victoria Chamberlain, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Erickson did not request a hearing. The Commission, therefore, finds Erickson to be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Erickson has been licensed by the Commission since July 11, 1974. Erickson holds a 31 Standard Teaching License, with endorsements in Basic Elementary (014) and 32 Standard Exceptional Learner I (018), valid from September 29, 2013, through 33 September 28, 2018. During all relevant times, Erickson was employed by the 34 Astoria School District. 35 2. On June 18, 2014, the Commission received a report from the Astoria School District 36 indicating Erickson may have violated professional standards. On June 2, 2014, a 37 sexual assault occurred on campus between two minor aged special education PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND- MARK HARRIS ERICKSON 1 students. Both the victim and the suspect attended Erickson’s classroom. Shortly 2 after the incident, Erickson, at different times, shared details of the event, including 3 the involved students’ identities, with multiple instructional assistants. Several of 4 these assistants advised that Erickson shared this information in a public setting 5 where Erickson’s comments and confidential information could be easily overheard. 6 Investigation determined that Erickson also shared details of the incident, including 7 the involved students’ identities with his entire classroom. Erickson told 8 investigators that at the time, he thought the information was a learning 9 opportunity, but now Erickson realizes some of the information he shared was 10 confidential. On June 16, 2014, the school district issued Erickson a letter of l 1 reprimand that included four days off “dthout pay for his actions. 12 CONCLUSIONS OF LAW 13 Mark Harris Erickson engaged in unprofessional conduct as described above. This 14 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020- 15 0040(4)(n) as it incorporates OAR 584-020—001o(1) (Recognize the worth and dignity of lo all persons and respectfor each individual), OAR 584-020-0010(5) (Use professional 17 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and 18 regulations), OAR 584-020-0030(2)(b) (Skill in communicating with administrators, 19 students, staff, parents, and other patrons); and (OAR 584-020-oo4o(4)(o) as is 20 incorporates OAR 584-020-0035(1)(a) (Keep the confidence entrusted in the profession as 21 it relates to confidential information concerning a student and the student's family). 22 23 The Commission’s authority to impose discipline in this matter is based upon ORS 24 342.175, 25 FINAL ORDER 26 The Commission hereby issues a Public Reprimand upon Mark Harris Erickson’s 27 Oregon Educator License. 28 29 PAGE 2—DEFAULT ORDER OF PUBLIC REPRIMAND- MARK HARRIS ERICKSON I . ,rJ/ 2 IT IS SO ORDERED THIS l day of May, 2016. 3 4 TEACHER STANDARDS AND PRACTICES COMMISSION ‘ 5 By: M I 6 Victoria Chamberlain, Executive Director 7 8 NOTICE OF APPEAL OR RIGHTS 9 10 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 11 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 12 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 13 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF PUBLIC REPRIMAND- MARK HARRIS ERICKsoN I CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Mark Harris Erickson 930 Gara Place Astoria, OR 97103-5720 3 “7/ Dated this Z ' day of May, 2016. By: f £2,115; 4Q wan/M‘; i Patty e don Investigative Assistant PAGE 1- CERTIFICATE OF MAILING~ MARK HARRIS ERICKSON