1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

431 In the Matter 0f the ) DEFAULT ORDER OF

5 Teaching License of ) LICENSE REVOCATION AND

6 STEPHEN LEE FRAIN ) REVOCATION OF RIGHT TO APPLY

7 ) FOR LICENSE

g On October 7, 2009, the Teacher Standards and Practices Commission (Commission) issued
10 a Notice of Opportunity for Hearing to Stephen Lee Frain (Frain) in which the Commission charged
11 him with conviction of a crime listed in ORS 342.143(3). The Notice was sent via U.S. First Class Mail
12 and U.S. Certified Mail Receipt 7008 1140 0002 8580 8716, to the Northern Oregon Regional
13 Correctional Facility. The U.S. Certified Mail was returned to the Commission on October 13, 2009,
I4 as undeliverable. The first class mail was not returned to the Commission. The Notice of Opportunity
15 of Hearing, dated October 7, 2009, and signed by Victoria Chamberlain, Executive Director, stated:
16 "You, Stephen Lee Frain, are entitled to a hearing on the proposed action of the
17 Commission. If you want a hearing, you must file a written request for a hearing with
18 the Commission within 21 days of the date of this notice.”
2: Mr. Frain did not request a hearing. The Commission, therefore, finds Mr. Frain to be in
21 default and enters the following findings of fact, conclusions of law and order, based on the
22 files and records of the Commission concerning this matter.
23 FINDINGS OF FACT
24 1. Mr. Frain has been licensed by the Commission since May 24, 2000. Most recently, he was
25 issued a Substitute Teaching License, effective from November 21, 2006 to November 20,
26 2009.
27 2. On October 2, 2009, in the Circuit Court of the State of Oregon for Wasco County, Mr. Frain
28 pled "No Contest,” and was convicted of Sexual Abuse 1.
29 3. 0n October 2, 2009, in the Circuit Court of the State of Oregon for Wasco County, Mr. Frain
30 pled “No Contest," and was convicted of Sodomy 2.
31

1 - DEFAULT ORDER 0F LICENSE REVOCATION AND REVOCATION 0F RIGHT TO APPLY FOR LICENSE - FRAIN

1 4. On October 2, 2009, in the Circuit Court of the State of Oregon for Wasco County, Mr. Frain
2 pled “No Contest," and was convicted of Sexual Abuse 3.
3
4 CONCLUSIONS OF LAW
5 Mr. Frain‘s conviction 0f one (1) count of Sexual Abuse in the First Degree under ORS
6 163.427 constitutes gross neglect 0f duty in violation of OAR 584-020-0040(1)(o). Mr. Frain’s
7 conviction of one ( 1) count of Sodomy in the Second Degree under ORS 163.395 constitutes gross
8 neglect of duty in violation of OAR 584-020-0040(1)(i). Mr. Frain’s conviction of one (1) count of
9 Sexual Abuse in the Third Degree under ORS 163.415 constitutes gross neglect of duty in violation of
10 OAR 584-020-0040(1)(m). The Commission is required to revoke Mr. Frain’s right to apply for a
11 license pursuant to ORS 342.175(2). The Commission’s authority to impose discipline in this matter
12 is based upon ORS 342.175.
13 FINAL ORDER
14 The Commission hereby revokes the Substitute Teaching License issued to Stephen Lee
15 Frain and revokes his right to apply for a teaching license.
16
17 Approved by the Commission on November 6, 2009, effective November 9, 2009.
18 IT IS SO ORDERED this Z day of January, 2010.
l9 TEACHER S ‘ NDARDS 1 > I PRACTICES COMMISSION
/ .
2(1) =1: M21011 ‘Lil M
22 1ictoria Cham utive Director
it NOTICE OF APPEAL OR RIGHTS
:2 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
27 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
28 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE
29 OREGON COURT OF APPEALS.
2 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION 0F RIGHT TO APPLY FOR LICENSE - FRAIN

1 CERTIFICATE OF MAILING
2
3
4 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
5 as such by U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed
6 to:
7
8 Stephen Lee Frain 16793799
9 Two Rivers Correctional Institute
10 82911 Beech Access Road
11 Umatilla OR 97882
12
13 g-Ii'
14 Dated this 2 day of January 2010.
15
16
17
18 By:
19 Mel dy Hans ecutive Assistant
20
PAGE 1 — CERTIFICATE OF MAILING — STEPHEN FRAIN