1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . OF THE STATE OF OREGON 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF RIGHT 6 STEPHEN KEITH PAVLETICH ) TO APPLY FOR LICENSURE 7 8 On May 16, 2003, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Stephen Keith Pavletich (Pavletich) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 11 First Class Mail and U.S. Certified Mail Receipt 7002 3150 0004 3439 2278 5352 to the address 12 Mr. Pavletich provided to the Commission. On June 10, 2003, the U.S. Certified Mail was 13 returned to the Commission as “unclaimed”. The First Class Mail envelope was not returned 14 and is assumed delivered. The Notice of Opportunity of Hearing, dated May 16, 2003, and 15 signed by Victoria Chamberlain, Executive Director, stated: 16 "You, Stephen Keith Pavletich, are entitled to a hearing on the proposed action of the 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 19 to this notice is a copy of the procedures, right of representation and other rights 20 of parties relating to the conduct of a hearing as required under ORS 21 183.413(2)." 22 23 Mr. Pavletich did not request a hearing. The Commission, therefore, finds 24 Mr. Pavletich to be in default and enters the following findings of fact, conclusions of law 25 and order, based on the files and records of the Commission concerning this matter. 26 FINDINGS OF FACT 27 1. The Commission issued a Restricted Transitional Teaching License to Mr. Pavletich 28 on April 26, 2002, with a Music Endorsement at the request of Hermiston School District. The 29 Transitional Teaching License was valid for service as a licensed educator only in the Hermiston 30 School District. Said license expired on April 26, 2003. 31 2. Mr. Pavletich served as a Music Teacher at Hermiston High School beginning in . PAGE 1 —- DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - PAVLETICH 1 September of 1998 until resignation effective May 23, 2002. . 3. On April 28, 2002. law enforcement officers contacted Mr. Pavletich near Boardman 3 in Morrow County, Oregon, regarding his activities in the men’s restroom at a rest stop on l-84. 4 Mr. Pavletich possessed marijuana and admitted to smoking at the rest stop. 5 4. On April 30, 2002, the Morrow County District Attorney’s Office charged Mr. Pavletich 6 with five separate counts of Invasion of Personal Privacy, ORS 163.700. 7 5. On December 13, 2002, Mr. Pavletich pled guilty and was convicted on one count of 8 Invasion of Privacy, ORS 163.700, in the Circuit Court for the State of Oregon for the County of 9 Morrow. 10 CONCLUSIONS OF LAW 11 Mr. Pavletich’s criminal conviction for ORS 163.700, Invasion of Personal Privacy, is a 12 violation of OAR 584-020-0040(5)(c). Mr. Pavletich violated OAR 584-020-0040(5)(e) by l3 possessing and using marijuana on April 28, 2002. This misconduct constitutes Gross . Unfitness. The Commission’s authority to impose discipline in this matter is based upon ORS 15 342.175. 16 / // 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// . PAGE 2 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - PAVLETICH 1 ORDER . The Commission hereby revokes Mr. Pavletich’s right to apply for an Oregon teaching 3 license. 8+3 4 IT IS SO ORDERED this day of August 2003. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 7 / ~ 8 B 9 rctoria Cham erlain, ecutive Di ector 10 11 NOTICE OF APPEAL OR RIGHTS 12 13 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 14 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 15 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT T0 THE PROVISIONS OF ORS 16 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE 3 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - PAVLETICH 1 CERTIFICATE OF MAILING 7 . I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified MaiI—Return Receipt Requested, addressed 5 to: 6 7 Stephen Keith Pavletich 8 3031 Sumner Avenue 9 Hoquiam, WA 98550 10 )532'” 11 Dated this . day of August 2003. 12 13 . '7 z‘ 7/ 14 ‘ ,/ 15 By: W Q ' I _ WW 16 Melmecutive Assistant ¢ . PAGE 1 - CERTIFICATE OF MAILING » PAVLETICH