1 BEFORE

2 THE TEACHER STANDARDS AND PRACTICES COMMISSION

3 OF THE STATE OF OREGON

4

5 In the Matter of the )

6 Teaching License of ) DEFAULT ORDER OF

7 KEVIN MATHEW NICE ) LICENSE REVOCATION

8

9
10 On October 26, 2010, the Teacher Standards and Practices Commission (Commission)
11 issued a Notice of Opportunity for Hearing to Kevin Mathew Nice (Nice) in which the
12 Commission charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(1)(y) and
13 OAR 584-020-0040(1)(m). The Notice was sent via U.S. First Class Mail and U.S. Certified
14 Mail Receipt 7010 0290 0001 6831 4541 to the address on file with the Commission. The
15 Notice was signed for on October 27, 2010. The Notice of Opportunity of Hearing, dated
16 October 26, 2010, and signed by Victoria Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l8 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
21 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
22 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
23 YOUR LICENSE OR OTHER DISCIPLINE.”
24
25 Mr. Nice did not request a hearing. The Commission, therefore, finds Mr. Nice to be in default
26 and enters the following findings of fact, conclusions of law and order, based on the files and
27 records of the Commission concerning this matter.
28 FINDINGS 0F FACT

29 1. Kevin Mathew Nice currently holds a Standard Teaching License, with an endorsement
30 in Standard Social Studies, issued December 29, 2005, and valid through November 10,
31 2012.

PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION — NICE, KEVIN MATHEW

1 2. On October 15, 2010, Nice pled guilty and was convicted of the following crimes: one
2 count of ORS 167.057, Luring a Minor, four counts of ORS 163.670, Attempt to Use
3 Child in Display of Sexually Explicit Conduct, and ORS 163.415, Sexual Abuse 3.
4
l 5 CONCLUSIONS OF LAW
6 Kevin Mathew Nice was convicted of Luring a Minor, Attempt to Use Child in Display
7 of Sexually Explicit Conduct, and Sex Abuse 3. This conduct constitutes gross neglect of duty in
8 violation of ORS 342.143(3)(a)(A), ORS 342.175(2)(a); OAR 584-020-0040(1)(oo), OAR 584-
9 020-0040(1)(y), and OAR 584-020-0040(l)(m). Additionally these convictions constitute “gross
10 unfitness” in violation of ORS 342.175(l)(c); OAR 584-020-0040(3)(a) and (d) as defined by
11 OAR 584~O20~0040(5) (Gross unfitness is any conduct which renders an educator unqualified to
12 perform his or her professional responsibilities). The Commission’s authority to impose
13 discipline in this matter is based upon ORS 342.175.
14 FINAL ORDER
15 The Commission hereby revokes the licensure of Kevin Mathew Nice.
16 IT IS SO ORDERED THIS [my of February, 2010.
l7 TEACHER STANDARDS AND PRACTICES COMMISSION
l8
19 ‘
20 By: M
21 Victoria Chambe ain, Executive Director
22
23
24
25 NOTICE OF APPEAL OR RIGHTS
26
27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
28 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
29 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
30 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 2—DEFAULT ORDER OF LICENSE REVOCATION - NICE, KEVIN MATHEW

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me as such
by U.S. First Class Mail to the Attorney of record for Kevin Mathew Nice:
Brent H. Smith
Baum, Smith & Eyre, LLC
Attorneys at Law
PO Box 967
LaGrande OR 97850
Wt“
Dated this day of March, 2011.
By: i QM
Mel dy Hans
Exe tive Ass tant
PAGE 1- CERTIFICATE OF MAILING——NICE, KEVIN MATHEW