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 ) LICENSE REVOCATION AND c JOSEPH THOMAS BILLERA ) REVOCATION OF RIGHT TO 7 ) APPLY FOR A LICENSE 8 9 On February 28, 2005, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Joseph Thomas Billera (Billera) in which the 11 Commission charged him with conviction of crimes listed in ORS 342.143(3). The Notice was sent via 12 U.S. First Class Mail and U.S. Certified Mail Receipt #7004 2510 0002 6790 9802 to the address 13 obtained by the Commission. The certified mail receipt was signed by Debra Bohm, agent for Coffee 14 Creek Correctional Facility, and returned to the Commission on March 2, 2005. The Notice of 15 Opportunity of Hearing, dated February 28, 2005, and signed by Victoria Chamberlain, Executive 16 Director, stated: "You, Joseph Thomas Billera, 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 19 the Commission within 21 days of the date of this notice. Attached to this notice is a 20 copy of the procedures, right of representation and other rights of parties relating to the 21 conduct of a hearing as required under ORS 183.413(2)." 22 23 Mr. Billera did not request a hearing. The Commission, therefore, finds 24 Mr. Billera to be in default and enters the following findings of tact, conclusions of law and 25 order, based on the tiles and records of the Commission concerning this matter. 26 FINDINGS 0F FACT 27 1. Mr. Billera currently holds a Standard Teaching License issued January 29, 2001, 28 valid until June 28, 2006, with a Standard Music endorsement. 29 2. Mr. Billera was employed by the Salem-Keizer Public Schools from August 1997 until 30 termination from employment on January 6, 2005. 31 /// 5 .1... /// PAGE 1 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY - BILLERA 1 3. On February 14, 2005, in the Circuit Court of the State of Oregon for the County of Marion ' Joseph Thomas Billera was convicted of: 3 Sexual Abuse I, ORS 163.427; 4 Sexual Abuse Ii, ORS 163.425 (two counts); 5 Sodomy ll, ORS 163.395 (three counts); 6 Endangering the Welfare of a Minor, ORS 163.575; and 7 Rape II, ORS 163.365 (three counts) 2 4. The court sentenced Mr. Billera to 75 months in a corrections taciility, 45 months Post 10 Prison Supervision, and ordered to him to pay Fines/Fees/Restitution as Ordered. 11 5. Mr. Billera’s criminal convictions in this matter involved sexual activity with female students 12 attending Salem-Keizer Public Schools. 13 CONCLUSIONS OF LAW 14 Mr. Billera’s convictions for Sexual Abuse I, ORS 163.427, Sexual Abuse II, 15 ORS 163.425, Sodomy II, ORS 163.395 and Rape ll, ORS 163.365 are listed in ORS 342.143(3). 16 The Commission is required to revoke the Oregon Standard Teaching License issued to Joseph ' ' Thomas Billera and revoke his right to apply tor a license pursuant to ORS 342.175(2). 18 Mr. Billera’s conviction for Endangering the Welfare ot a Minor, ORS 163.575 constitutes 19 Gross Unfitness in violation of OAR 584-020—OO40(5)(c). The Commission's authority to impose 20 discipline in this matter is based upon ORS 342.175. 21 /// 22 /// 23 /// O PAGE 2 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY - BILLERA 1 ORDER . The Commission hereby revokes the Oregon Standard Teaching License issued to Joseph 3 Thomas Billera and revokes his right to apply tor a teaching license. 4 IT Is so ORDERED this 2Y2“ day of April, 2005. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 8 By: M 9 Victoria Chamberla ecutive Director 10 I I 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 OF 15 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 16 OREGON COURT OF APPEALS. PAGE 3 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY - BILLERA ‘I CERTIFICATE OF MAILING 3 l 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 and U.S. Certified Mai|—Return Receipt Requested, addressed 5 to: 6 7 Joseph Thomas Billera DOC#15750444 ' 8 Coffee Creek Correctional Facility 9 24499 SW Grahams Ferry Road 10 PO Box 9000 II , Wilsonville, Oregon 97070 12 Ljik 13 Dated this day of May, 2005. 14 15 - // 16 I7 By: M ' 18 Ha o , xecutive Assistant ' PAGE 1 — CERTIFICATE OF MAILING — JOSEPH THOMAS BILLERA ‘ i