1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) SUSPENSION OF RIGHT 6 ADRIAN LEONE MASHIA ) TO APPLY FOR LICENSE 7 8 On December 14, 2010, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Adrian Leone Mashia (Mashia) in 10 which the Commission charged him with Gross Unfitness pursuant to OAR 584-020-0040(5)(c) 11 and OAR 584-050-0006(3)(d). The Notice was sent via U.S. First Class Mail and U.S. Certified l2 Mail Receipt 7010 0290 0001 6831 4923 to the address on file with the Commission. The l3 Certified Mail was returned to the Commission, as unclaimed. The regular mail was not l4 returned to the Commission. The Notice of Opportunity of Hearing, dated December 14, 2010, 15 and signed by Victoria Chamberlain, Executive Director, stated: l6 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 17 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR l8 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE 19 CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR 20 AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH 21 MAY INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR 22 OTHER DISCIPLINE." 23 24 Mashia did not request a hearing. The Commission, therefore, finds Mashia to be in default and 25 enters the following findings of fact, conclusions of law and order, based on the files and records 26 of the Commission concerning this matter. 27 28 FINDINGS OF FACT 29 1. Adrian Leone Mashia has never been licensed as a teacher in Oregon. Mashia was 30 enrolled in an education program at the University of Portland until his dismissal from that 3i program on March 3, 2010. 32 2. On November 3, 2009, Mashia pled guilty and was convicted of one count of Assault IV. 33 This conviction arose from an altercation with his female roommate. Mashia did not 34 complete all of the requirements ofthe court by violating a restraining order prohibiting 35 contact with the female that was the subject of the Assault conviction. This led to the 36 issuance of a warrant for Mashia’s arrest. When Mashia was arrested he was in possession PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - MASHIA, ADRIAN LEONE 1 of marijuana, and on April 27, 2010, was subsequently convicted of violating a restraining 2 order (RCW 26.50.110). 3 CONCLUSIONS OF LAW 4 5 Adrian Leone Mashia’s above described conduct constitutes gross unfitness in violation 6 of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or 7 local law. A conviction includes any final judgment of conviction by a court whether as the result 8 of guilty plea, no contest plea or any other means), and constitutes a basis for the Executive 9 Director to deny a license based on OAR 584-050-0006(3)(d) (The Executive Director has 10 evidence that the applicant may lack fitness to serve as an educator). > 11 The Commission's authority to impose discipline in this matter is based upon ORS 12 342.175. 13 FINAL ORDER 14 The Commission hereby suspends Adrian Leone Mashia’s right to apply for Iicensure for 15 one year. 16 IT IS SO ORDERED THIS Z/ day of February, 2011. 17 TEACHER STANDARDS AND PRACTICES COMMISSION 18 < 19 20 By: M) 21 Victoria Cha erlain, Executive Director 22 23 24 NOTICE OF APPEAL OR RIGHTS 25 26 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 29 THE OREGON COURT OF APPEALS. 30 31 l l / 32 / / / PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - MASHIA, ADRIAN LEONE CERTIFICATE OF MAILING I hereby certify that l served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified MaiI-—Return Receipt Requested, addressed to: Adrian Leone Mashia 9633 N. Fiske Avenue Portland OR 97203 fi Dated this day of April, 2011. By: 1m I 41ml Melo Ha q Execu'veA . -. ant PAGE 1- CERTIFICATE OF MAILING—-MASHIA, ADRIAN LEONE