1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ° OF THE STATE OF OREGON .. In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF 6 JOHN JOSEPH MCPARTLIN ) RIGHT TO APPLY FOR LICENSURE 7 x On September 19, 2005, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to John Joseph McPartlin (McPartlin) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. First 11 Class Mail and U.S. Certified Mail Receipt 7005 0390 0000 5019 1875 to the address obtained by the 12 Commission. The certified mail receipt was signed by R. Messor, agent for Kentucky Federal 13 Correction Institute, and returned to the Commission on September 26, 2005. The Notice of 14 Opportunity of Hearing, dated September 16, 2005, and signed by Victoria Chamberlain, Executive 15 Director, stated: 16 "You, John Joseph McPartlin, 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 . the Commission within 21 days of the date of this notice. Attached to this notice is a copy of the procedures, right of representation and other rights of parties relating to the 20 conduct of a hearing as required under ORS 183.413(2)." 32 Mr. McPartlin did not request a hearing. The Commission, therefore, finds 23 Mr. McPartlin to be in default and enters the following findings of fact, conclusions of law and 24 order, based on the files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. The Commission first licensed Mr. McPartlin on July 6, 1995. On March 5, 2002, the 27 Commission issued Mr. McPartlin a Basic Teaching License with Basic Elementary, Basic Social 28 Studies and Basic Mathematics Endorsement. Said license expired on April 16, 2005. 29 2. Mr. McPartlin began employment with Gresham-Barlow School District on August 28, 30 1995. Mr. McPartlin was place on administrative leave on January 12, 2004. 3| /// . /// PAGE 1 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MCPARTLIN 1 3. On April 4, 2005, in the Circuit Court of the State of Oregon for Multnomah County John ' Joseph McPartlin was convicted of: 3 Compelling Prostitution, ORS 167.017 (20 counts); 4 Sexual Abuse 3, ORS 163.415 (36 counts); 5 Contributing to the Sexual Delinquency of a Minor, ORS 163.435 (18 counts); 6 Sodomy 3, ORS 163.385; 7 Sexual Abuse 1, ORS 163.427 (2 counts); 8 Sodomy 2, ORS 163.395 (2 counts); 9 Solicitation to Commit Using a Child in a Display of Sexually Explicit Conduct, ORS 10 163.670/161.435; and 11 Using a Child in a Display of Sexually Explicit Conduct, ORS 163.670. 12 13 4. The court sentenced Mr. McPartlin to 70 months in a corrections facility, three years Post 14 Prison Supervision, and ordered him to pay Fines/Fees/Restitution as Ordered. 15 CONCLUSIONS OF LAW 16 Mr. McPartlin’s convictions for Compelling Prostitution, ORS 167.017; Sexual Abuse 3, ORS 17 163.415; Contributing to the Sexual Delinquency of a Minor, ORS 163.435; Sodomy 3, ORS 163.385; 18 Sexual Abuse 1, ORS 163.427; Sodomy 2, ORS 163.395; Solicitation to Commit Using a Child in a ' Display of Sexually Explicit Conduct, ORS 163.670 / 161.435; and Using a Child in a Display of 20 Sexually Explicit Conduct, ORS 163.670 are listed in ORS 342.143(3). The Commission is required 21 to revoke John Joseph McPartlin’s right to apply for a license pursuant to ORS 342.175(2). The 22 Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 23 ORDER 24 The Commission hereby revokes John Joseph McPartlin’s right to apply for a teaching license. fit 25 IT IS SO ORDERED this Q day of November, 2005. 26 TEACHER STANDARDS AND PRACTICES COMMISSION 27 _ 28 By" 29 ictoria Cham ain, Executiv Director 30 31 NOTICE OF APPEAL OR RIGHTS 32 33 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 34 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF ‘ THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE . OREGON COURT OF APPEALS. PAGE 2 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MCPARTLIN .1 CERTIFICATE OF MAILING 3 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me , 4 as such by U.S. First Class Mail to the Attorney of record for John Joseph McPartlin: i 5 . o Andrew Bates 7 Attorney at Law 8 Reid & Bates 9 715 SW Morrison, Suite 504 10 A.) Portland OR 97205 l l 12 Dated this Ag.‘ day of December, 2005. 13 14 ,1 ‘ / 15 V7’ / , qé . 16 By: 41,003 I7 M ody Ha , Executive Assistant ’ PAGE 1 — CERTIFICATE OF MAILING - MCPARTLIN