1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION v ' 2 OF THE STATE OF OREGON ‘ 3 4 . 5 I.n the Matter of the I 6 Teaching License of I DEFAULT ORDER 7 BEVERLY JEAN CLARK I OF REVOCATION 8 . I 9 10 11 On September 17, 2001, the Teacher Standards and Practices Commission issued a 12 Notice of Opportunity for Hearing to Beverly Clark, in which the Commission proposed to 13 suspend or revoke the teaching license of Beverly Clark under ORS 342.175. The notice was 14 sent via U.S. First Class Mail and U.S. Certified Mail Receipt #7000 0600 0023 8496 7927 at 15 the address Ms. Clark provided to the Commission. The certified mail letter was returned as 16 unclaimed. On October 1, 2001, Beverly Clark wrote to TSPC explaining her situation, but 17 did not specifically request a hearing. On October 4, 2001, TSPC responded to Ms. Clark, 18 explained her options at this point and gave her 14 days to file a written request for a hearing 19 before a default order will be entered. This notice was sent via U.S. First Class Mail and . ‘0 U.S. Certified Mail Receipt #7000 0600 0023 8496 9860. The certified mail receipt was 21 again returned as unclaimed, but the first class letter has not been returned. Beverly Clark 22 did not request a hearing. 23 24 The Notice of Opportunity for Hearing, signed by David V. Myton, Executive 25 Director, stated: 26 If a request for hearing is not received within this 21-day period,‘ your right to 27 hearing shall be considered waived unless your failure to request a hearing was ‘ 28 beyond your reasonable control. If you do no request a hearing or if you fail to 29 appear at a hearing, the Commission will adopt an Order of Default which may 30 include the revocation or suspension of your license or other discipline. 3 1 32 Based on the foregoing, the Commission finds Beverly Jean Clark in default and such 33 default is hereby entered. Based on the records and files of the Commission, the 34 Commission enters the following findings of fact and order. 35 PAGE l - DEFAULT ORDER—BEVERLY JEAN CLARK I 1 FINDINGS 0F FACT . Z 1. On November 7, 2000, Beverly Jean Clark signed and submitted an Application 4 for Educator License Form C-l. Ms. Clark answered “no” to all character questions 5 2. On December 15, 2000, TSPC renewed Clark’s Standard Teacher license with an 6 endorsement in Standard Elementary valid through November 20, 2005. 7 3. On March 16, 2001, a routine inquiry of Computerized Criminal History records 8 revealed that Beverly Clark was convicted in Washington County District Court for Initiating 9 a False Report (ORS 162.175) in November 1996. 10 4. On March 19, 2001, TSPC wrote to Beverly Clark regarding her conviction, 11 requested documents from the court and a written explanation of the circumstances leading 12 up to this conviction. On April 8, 2001 , Ms. Clark submitted a written explanation to TSPC 13 regarding her arrest and conviction in which she makes additional false statements 14 concerning her conduct in this matter. She repeated false information regarding the 15 whereabouts of her husband, she failed to admit she had been arrested on a warrant, appeared 16 in court and pled guilty in court. .17 18 CONCLUSIONS OF LAW ~ 19 Beverly Clark’s actions constitute gross neglect of duty in violation of ORS 20 342.175(1)(e) and OAR 584-020-0040(4)(c). 21 22 ORDER 23 24 The Commission revokes the Oregon Standard Teaching License #233822 issued to 25 Beverly Jean Clark, DOB 11-20-44, for gross neglect of duty. 26 ‘A’ ‘ 27 Dated this /lé day of November 2001. i: TEACHER STANDARDS AND PRACTICES COMIVIISSION 3O 2; @MMWF/ , 33 By '3: David V. Myton, Executive Director PAGE 2 - DEFAULT ORDER—BEVERLY JEAN CLARK l . 2 NOTICE 0F APPEAL 0R RIGHTS 3 4 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICAL 5 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 6 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT 7 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 8 9 10 CERTIFICATE 0F MAILING l l 12 I hereby certify that I served the foregoing order by mailing a true copy thereof 13 certified by me as such by regular U.S. First Class Mail and by U.S. Certified Mail—Return 14 Receipt Requested to: l 5 16 Beverly Clark l7 7900 SW May Way Drive 18 Portland OR 97225 l9 2° 590* 21 Dated this day of November 2001. 22 23 . 7 . 24 .. \ .25 By: I ’ /l '1“ 2 62W 26 - . - = fil- 27 E '- r sistant to the Commission PAGE 3 - DEFAULT ORDERiBEVERLY JEAN CLARK