1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON b In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF 6 JOHN PATRICK BURKE ) RIGHT TO APPLY FOR LICENSURE 7 8 On February 6, 2007, the Teacher Standards and Practices Commission (Commission) issued 9 a Notice of Opportunity for Hearing to John Patrick Burke (Burke) in which the Commission charged t 10 him with misconduct under ORS 342.175. The Notice was sent via U.S. First Class Mail and U.S. i 11 Certified Mail Receipt 7005 1160 0001 0494 2819 to the address obtained by the Commission. The 12 certified mail receipt was signed by Mr. Burke and returned to the Commission on February 14, 2007. 13 The Notice of Opportunity of Hearing, dated February 6, 2007, and signed by Victoria Chamberlain, 14 Executive Director, stated: 15 “You, John Patrick Burke, are entitled to a hearing on the proposed action of the 16 Commission. If you want a hearing, you must file a written request for a hearing with 17 the Commission within 21 days of the date of this notice. Attached to this notice is a 18 copy of the procedures, right of representation and other rights of parties relating to the . conduct of a hearing as required under ORS 183.413(2).” 21 Mr. Burke did not request a hearing. The Commission, therefore, finds 22 Mr. Burke to be in default and enters the following findings of fact, conclusions of law and 23 order, based on the files and records of the Commission concerning this matter. 24 FINDINGS OF FACT ‘ 25 1. The Commission first licensed Mr. Burke on January 4, 1991. On September 11, 2000, the 26 Commission issued Mr. Burke a Basic Teaching License with Basic Health Education, Basic Physical 27 Education and Basic Social Studies Endorsements. Said license expired on September 2, 2003. 28 2. Mr. Burke began employment with Stanfield School District in 1999. Mr. Burke resigned in 29 2004 to take position outside of Oregon. 30 3. On June 2, 2006, Mr. Burke was convicted of four counts of Sexual Abuse 2, ORS 31 163.425, in the Circuit Court of the State ot Oregon for Umatilla County. Mr. Burke was sentenced to ' supervised probation for a period of five years. PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — BURKE 1 CONCLUSIONS OF LAW ' Mr. Burke's conviction of tour counts of Sexual Abuse 2, ORS 163.425 is listed in ORS 3 342.143(3). The Commission is required to revoke John Patrick Burke’s right to apply for a license 4 pursuant to ORS 342.175(2). The Commission’s authority to impose discipline in this matter is based 5 upon ORS 342.175. 6 ORDER 7 The Commission hereby revokes John Patrick Burke’s right to apply for a teaching license. 8 IT IS SO ORDERED this Z q day of March, 2007. 9 TEACHER SgANDARDS AND PRACTICES COMMISSION 10 // i ‘ 11 : 4141/ 12 ictoria Ch i xecutive Director 13 14 NOTICE OF APPEAL OR RIGHTS 15 16 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 17 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 — BURKE .1 CERTIFICATE OF MAILING 3 4 l 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 John Patrick Burke 9 PO Box 663 10 Pendleton, OR 97801 11 y/v 12 Dated thisé <9 day of April, 2007. 13 14 15 16 By: 17 Melod Hanson cutive Assistant PAGE 1 - CERTIFICATE OF MAILING - BURKE