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BEFORE THE TL{CHER STANDARDS AND PRACTICES COMMISSIONOF THE STATE OF OREGON

In the Matter of theEducator License ofRODNEY ROCHEA FLUCAS

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On Jul1, 24, 2019, the Teacher Standards and Practices Commission

(Commission) issued a Notice of Opportunity for Hearing to Rodnel' Rochea Flucas

(Flucas) in w'hich the Commission charged him rdth Gross Neglect of Duty and /orGross Unfitness. The Notice rvas sent via U.S. First Class Mail and U.S. Certified Mail

Receipt 7or8 1830 oool 6t78 6tz4 to the address on file n-ith the Commission. The

Notice designated the Commission file as the record for purposes of proving a prima

facie case. The Certified Mail *,as returned to the Commission "delivered" on Jull'29,

2019. The regular first class mail u'as not returned to the Commission, and assumed

delivered. The Notice of Opportunity of Hearing, dated July 24, zor9, and signed by

Anthony Rosilez, Executir'e Director, stated:

..IF A REQUEST FOR HLARING IS NOT RXCEI\BD WITHIN THIS 21-DAYPEzuOD, YOUR RIGHT TO A HEARING SHAIL BE CONSIDER-ED WAI\,EDI.]NLESS YOUR FA]LURN TO REQUEST A HEARING WAS BEYOND YOURREASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING,WITHDRAW YOUR REQUEST FOR IIEAzuNG, OR IF YOU FAIL TO APPEARAT A HEARING, OR NOTIFYT THE COMMISSION THAT YOU WILL NOTAPPEAR AT HEARING, THE COMMISSION WILL ADOPT AN ORDER OFDEFAULT WIIICH MAY INCLUDE THE REVOCATION OR SUSPENSION OFYOUR LICENSE OR OTHER DISCIPLINE."

Flucas did not request a hearing. The Commission, therefore, finds Flucas to be in

default and enters the folloting findings of fact, conclusions of lal', and final order,

based on the files and records of the Commission concerning this matter.

FINDINGSOFFACIRodnel, Rochea Flucas has been licensed by the Commission since September 29,

2014. Flucas' Preliminary Teaching License, lith endorsements in Special

Education: Deaf and Hard of Hearing (PK-rz), and Special Education: Generalist

(PK-rz); is valid from March 3o, 2016, through October 22,2079.

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PAGE 1_DEFAULT ORDER OF REVOCATION- RODNEY ROCHEA FLUCAS

DEFAULT ORDER OFRI,VOCATION OFLICENSURE

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2. On June g, 2c77, the Commission learned from a National Association of State

Directors of Teacher Education and Certification clearinghouse report that Flucas'

California teaching credential n'as suspended. TSPC obtained a copy of Flucas'

Notice of Suspension from California rvhich noted Flucas was being charged rvith

three counts of unlanful sexual intercourse 'rvith a minor and two counts of incest.

3. Subsequent im'estigation determined the following:

On Februa4,8, zot7,the Stockton Police Department (PD), Stocl..ton,

California, began an investigation into ailegations Flucas sexualll' abused a

minor-aged family member and then arrested Flucas for Rape by Force or Fear,

and Incest. On April 3, 2cr17, Flucas'rvas charged with ten counts of Unlauful

Intercourse with a Minor 3 Years Younger; four counts of Incest; one count of

Oral Copulation of a Person Under rB; and tn'o counts of Dissuading a Witness

from Reporting a Crime. The Federal Bureau of Investigation also conducted

an investigation into these allegations rvhich resulted in Flucas being charged in

federal court n'ith riolating federal code b.v transporting a minor n'ith the intent

to engage in criminal sexual activi['.

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b. Investigation by larv enforcement determined Flucas sexually abused multiple

minors rvho u,ere family members or n'ho resided in Flucas' household. DNA

testing of family members and other females, nfio rvere at one time, residents of

Flucas' household, found Flucas fathered three children rvith one of his

daughters, one child rvith his daughter's teenage friend, and six children rrith

his stepdaughter.

c. On June 26, 2or8, Flucas rvas found guilty in federal court of u'itness tampering

related to the criminal charges. On September zo, zorB, Flucas n'as found

guiilv of trvo felony counts of transporting minors with the intent to engage in

criminal actirity-. On February 72,2ot9, Flucas rras sentenced to life in federal

prison for these convictions

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PAGE 2_DEFAULT ORDER OF REVOCATION_ RODNEY ROCHEA FLUCAS

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CONCLUSIONS OF I-AW

Rodney Rochea Flucas' conduct described in each ofthe sections of paragraph

three (3) abore constitutes gross neglect of duty in violation of ORS g+z.tZS(lxb); OAR

S84-o2o-oo4o(4Xn) as it incorporates OAR 584-ozo-oo1o(5) (Use professional

judgment); OAR 584-o2o-oo+o(+Xo) as it incorporates OAR 584-ozo-

oogS(gXaXMaintainthedignity of theprofession by respecttng andobeying thelaw,

exemplifuing personal integrity and honesty); and OAR 584-ozo-oo4o(3Xa) (Hos

been conuicted of a crime not listed in section (t) of this rule, if the Commissionfinds

that the nature of the act or acts constituting the crime for which the educator was

conuicted render the educator unfit to hold a license). This conduct also constitutes

gross unfitness in violation of ORS g+z.rZS(rXc); OAR 584-ozo-oo+o(SXc) (Conuiction

of uiolattng any federal, state, or local law . A conuiction includes any final judgment

of conuiction by a court uhether as the result of guilty plea, no contest plea or any

other means); and OAR 584-ozo-oo4o(5Xe) (Admrssion of or engaging in acts

constituting criminal conduct, euen in the absence of a conuiction).

The Commission's authorit-v- to impose discipline in this matter is based

upon ORS 942.17s.

FINALORDER

The Commission hereby revokes Rodney Rochea Flucas' Educator license.

IT IS SO ORDERED TH15 /a4day of September. zor9.

TEACHER STANDARDS AND PRACTICES COMMISSION

B)':Dr. Althonl' Rosilez, Executive Director

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PAGE 3-DEFAULT ORDER OF REVOCATION_ RODNEY ROCHEA FLUCAS

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NOTICE OF APPEAL OR zuGHTS

YOU ARE ENTITLED TO JUDICIAI RE\alE\{ OF-'fHIS ORDER. JUDICLA.L REVIE\{ lvl.tYBFI OBl'AlNFlD BY FILING A PETITION F-OR REVIE\,V WITHIN 60 DAYS FROM TIIESERV]CF] OF'THIS ORDER, JUD]CIAL REVIF],\V IS PURSUANT TO THE PRO!-ISIONS OFORS rB3.4Bz TO THE OREGON COURT OF APPL{LS.

PAGE 4 DEFAULT ORDER OF REVOCATION_ RODNEY ROCHEA FLUCAS