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 0f ) PUBLIC REPRIMAND 6 JAMES DAVID BRAZIL ) AND PROBATION 7 8 9 On August 14, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to James David Brazil, (Brazil) in which the 1 1 Commission charged him with Gross Neglect of Duty. The Notice was sent via UTS. First 12 Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 9749 to the address on file 13 with the Commission. The Notice designated the Commission file as the record for purposes 14 of proving a prima facie case. The Certified Mail receipt was returned to the Commission, 15 signed on August 24, 2015. The first class mail was not returned to the Commission. The 16 Notice of Opportunity for Hearing, dated August 14, 2015, and signed by Victoria 17 Chamberlain, Executive Director, stated: 18 “IFA 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 Brazil did not requested a hearing. The Commission, therefore, finds Brazil to be in default 27 and enters the following findings of fact, conclusions of law, and final order, based on the 28 files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Brazil has been licensed by the Commission since August 21, 2006. Brazil’s Initial II 31 Teaching License, with endorsements in Middle School Social Studies (ELE), Middle 32 School Language Arts (ELE), and Multiple Subjects Self-Contained (ECE, ELE), is 33 valid from February 10, 2013, through February 10, 2016. During all relevant times, 34 Brazil was employed by the Hermiston School District. 35 2. On March 21, 2014, the Commission received a report from the Hermiston School 36 District indicating Brazil may have committed an act of gross neglect of duty and/ or PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- JAMES DAVID BRAZIL 1 gross unfitness. Specifically, Brazil had demonstrated a pattern of unprofessional 2 behavior. 3 3. The Commission’s investigation revealed a pattern of behavior during the 2013 — I 4 2014 school year, including harassment and unprofessionalism: ‘ 5 a. On August 13, 2013, Brazil attended a “Team Leader” meeting. As part of a ‘ 6 discussion regarding dress code policy, Brazil made inappropriate comments in the 1 7 presence of other team member staff related to overweight employees, stretch pants 8 and “camel toes”. 9 b. On multiple occasions Brazil used his District email to send unprofessional 10 communications to other staff members. These emails contained inappropriate 1 1 language, sexual innuendos, and offensive information about students that appeared 12 to condone bullying and harassment between students. 13 c. On or about March 12, 2014, Brazil commented in the presence of two female 14 colleagues that another teacher was receiving special treatment as a teacher on 15 special assignment (TOSA). When Brazil made these inferences, Brazil made obscene 16 hand gestures that mimicked giving a “blow job” or fellatio. 17 d. With students in the classroom, Brazil used district equipment and internet 18 connection to visit “Men’s Fitness” articles that had no professional value to the 19 classroom or Brazil’s teaching. The district searched Brazil’s computer usage and 20 located approximately 20 inappropriate webpages visited by Brazil while students 21 were in the classroom. These included related articles, photographs, and material in 22 violation of district policy. The web pages included sexually graphic images that 23 could have been exposed to students. The tiles of these web pages included: 24 25 0 Are You Normal in the Bedroom? 26 0 Number of Sexual Partners 27 0 Frequency of Orgasm 28 o Penis Size 29 n Does Married Sex Suck? 30 . How Many Guys Watch Porn? 31 ~ How often do you masturbate? PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION— JAMES DAVID BRAZIL 1 1 0 Premature Ejaculation and Lasting Longer in Bed 2 o Does Your Partner Like Your Penis? 3 o What’s Your Favorite Sexual Position? 4 5 CONCLUSIONS OF LAW 6 James David Brazil engaged in unprofessional conduct as described above. This 7 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020- 8 0040(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of 9 all persons and respect for each individual), OAR 584-020-0010(5) (Use professional 10 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and 11 regulations), OAR 584-020-0025(2)(b) (Using and maintaining district property, 12 equipment, and materials appropriately), OAR 584-020-0030(2)(b) (Skill in 13 communicating with administrators, students, staff, parents, and other patrons); and OAR 14 584-020-0040(4)(l) (Sexual harassment). 15 16 The Commission’s authority to impose discipline in this matter is based upon ORS 17 342.175. 18 FINAL ORDER 19 The Commission hereby issues a Public Reprimand upon James David Brazil’s 20 Educator licensure, and places Brazil on probation for a period of four (4) years from the 21 date of this order. This probation period is subject to the following terms and conditions: 22 1. Brazil shall comply with the Standards for Competent and Ethical 23 Performance of Oregon Educators under Oregon Administrative Rules 24 Chapter 584, Division 020. 25 Violation of any term or condition of probation shall constitute an independent basis 26 for the Commission to revoke Cruz’ teaching license or otherwise impose discipline, after 27 first providing Cruz with notice and opportunity for hearing. 28 //// 29 //// 30 //// 31 //// PAGE 3-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- JAMEs DAVID BRAZIL 1 IT IS so ORDERED THIS 02/ day of October, 2015. 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 By: 4 Victoria Chamberlain, Executive Director 5 6 NOTICE OF APPEAL OR RIGHTS 7 8 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 9 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM , lO THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE l ll PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- JAMEs DAVID BRAZIL CERTIFICATE OF MAILING l 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: James David Brazil PO Box 1870 Pendleton, OR 97801-0930 Ab!’ Dated this s‘? l day of October, 2015. /" V l By: Du Z 177/ Gil/6 P Liddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING-— JAMEs DAVID BRAZIL