‘ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' OF THE STATE OF OREGON Z In the Matter of the ) DEFAULT ORDER REVOKING 5 Teaching License of ) RIGHT TO APPLY FOR LICENSURE g ORVAL RAY MIKESELL ) 8 On March 18, 2005, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Orval Ray Mikesell (Mikesell) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. ‘ II First Class Mail and U.S. Certified Mail Receipt 7004 2510 0002 6790 9857 to the address that 12 Mr. Mikesell provided to the Commission. The US. Certified Mail Receipt was signed by Ryan l3 Brophy and returned to the Commission on March 24, 2005. The Notice of_Opportunity of 14 Hearing, dated March 18, 2005, and signed by Victoria Chamberlain, Executive Director, stated: 15 "You, Orval Ray Mikesell, are entitled to a hearing on the proposed action of the to Commission. It you want a hearing, you must tile a written request for a hearing '7 with the Commission within 21 days ot the date of this notice. Attached to this . notice is a copy of the procedures, right ot representation and other rights 0t 19 parties relating to the conduct of a hearing as required under ORS 183.413(2)." 3(1) Mr. Mikesell did not request a hearing. The Commission, therefore, finds 22 Mr. Mikesell to be in default and enters the following findings of fact, conclusions of law 23 and order, based on the files and records of the Commission concerning this matter. 24 FINDINGS 0F FACT 25 1. Mr. Mikesell held a Transitional School Psychologist License restricted to Northwest 26 Regional ESD with an endorsement in School Psychologist, issued October 8, 2003. Said 27 license expired on August 30, 2004. ' 28 2. Mr. Mikesell was employed by Northwest Regional ESD from January 18, 2000, 29 through November 22, 2004. ' 30 3. During the months of September and October 2004, Mr. Mikesell made repeated ‘ unwelcome sexual advances toward Lisa Bates, a co-worker at Northwest Regional ESD. PAGE 1 _ DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - MIKESELL I 4. From January 18, 2000, until May 18, 2000, Mr. Mikesell served on contract as a .2 School Psychologist at Northwest Regional ESD without a license. i 3 5. From August 18, 2003, until October 8, 2003, Mr. Mikesell served on contract as a 4 School Psychologist at Northwest Regional ESD without a license, 5 6. From October 8, 2004 through November 22, 2004, Mr. Mikeseliserved on contract 6 as a School Psychologist at Northwest Regional ESD without a license. 7 CONCLUSIONS OF LAW x Orval Ray Mikesell‘s repeated unwelcome sexual advances toward a co-worker 9 constitutes Sexual Harassment in violation of OAR 584-020-0040(4)(l). Mr. Mikesell served on 10 contract without proper licensure in violation of OAR 584-020-0040(4)(c) and OAR 584-020- 11 0035(2)(a). This misconduct constitutes Gross Neglect of Duty. The Commission's authority to 12 impose discipline in this matter is based upon ORS 342.175. _ 3 ORDER Q The Commission hereby revokes Orval Ray Mikesell‘s right to apply for licensure. 15 IT IS SO ORDERED this Qgfl] day of April, 2005. 16 TEACHER STANDARDS AND PRACTICES COMMISSION- 18 B ' . 19 Victoria Chambe ' xecutive Director 5(1) NOTICE OF APPEAL OR RIGHTS ii YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 24 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 25 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 2o 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE 2 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE -— MIKESELL 1 I .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 regular U.S. mail and by U.S. Certified Mali-Return Receipt Requested, addressed g 5 to: 6 . 7 Orval Ray Mikesell s 6306 sw 179"“ Avenue 9 Aloha, Oregon 97007 10 / nah/V 11 Dated this 0? day of May 2005. 12 13 ~ / ' 14 W 15 By: _ 16 Mel dy Hans ecutive Assistant ' I . PAGE 1 — CERTIFICATE OF MAILING — ORVAL RAY MIKESELL