" , 1 STATE OF OREGON _ 2 TEACHE STANDARDS AND PRACTICES COMMISSION 3 In the Matter of thefiEEeaching License of HOP FILE NO. 20010731 4 THOMAS GEORGE LEES ( FINAL ORDER 5 6 On April 24, 2001, Hearing Officer Catherine P. Coburn issued a proposed order to 7 revoke the Oregon%%ching License of Thomas George Lees. The proposed order 8 contained a notice permitting Mr. Lees to file written exceptions to the proposed order with the 9 Teacher Standards and Practices Commission within 30 days following service of the proposed 10 order. Mr. Lees has not filed written exceptions. ll The Commission has reviewed the proposed order, and is now fully advised. ‘ '12 NOW, THEREFORE, IT IS HEREBY ORDERED that the findings of fact, conclusions 13 of law and proposed sanction in the proposed order are adopted and incorporated into this final 14 order by reference, and the Oregon Teaching License of Thomas George Lees is hereby revoked. 15 DATED this f day of July, 2001. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 ‘ 18 By: QM}! lekL- 19 David V. Myton, Executive Director 20 NOTICE: You are entitled to judicial review of this order. Judicial review may be obtained by filing a petition for review within 60 days of the service of this order. Judicial review is pursuant 21 to the provision of ORS 183.482 to the Oregon Court of Appeals, 22 23 Page 1 - FINAL ORDER JGMrrjh/gen87494.doc j! z’ V ' . i ‘ 4 1 , 1 g! t STATE OF OREGON l BEFORE THE HEARING OFFICER PANEL 3 for THE TEACHER STANDARDS AND PRACTICES COMMISSION 4 5 In the Matter of the Teaching License of ) DOJ File No.: 584-001-GE012 Thomas George Lees ) HOP Case No.: 20010731 a ) ) 7 TEACHER STANDARDS ) PROPOSED ORDER 8 AND PRACTICES COMMISSION ) ) 9 v. ) ) 10 THOMAS GEORGE LEES ) ll On January 26, 2001, the Teacher Standards and Practices Commission (Commission) 12 filed a Notice of Opportunity for Hearing (Notice) alleging that Thomas George Lees 13 l4 (respondent) was convicted Of three criminal statutes. On February 9, 2001 , respondent, 'V 1; representing himself pro se timely appealed the Notice. On March 5, 2001, the Commission, 16 represented by Assistant Attorney General Joe Gordon McKeever filed a Motion for Ruling on a 17 Legal issue pursuant to OAR 137-003-0580. 18 19 NOTICE ~ 20 On January 26, 2001, the Commission issued a Notice which proposed to revoke 21 respondent’s Oregon Teaching License pursuant to ORS 342.175 through 342.190 and the 22 23 Standards for Competent and Ethical Performance Of Oregon Educator, OAR 584, Division 020. 221 The Commission alleged the following misconduct: 25 1. On or about December l l, 2000, respondent was convicted of Sexual Abuse in the 3 26 First Degree (two counts), ORS 163.427. 1 2. On or about December l 1, 2000, respondent was convicted of Sexual Abuse in the 1 Third Degree, ORS 163.415. 3. 0n or about December 11, 2000, respondent was convicted of Furnishing Liquor to a ' Minor (two counts), ORS 471.410. PROPOSED ORDER: Teacher Standards and Practices Commission v. Thomas George Lees (Case No.: 20010731) Page l of4 I O l ISSUE ‘L The issue is whether revocation Of respondent’s Oregon Teaching License is warranted j Where he was convicted of ORS 163.427, ORS 163.415 and ORS 471.410. 5 EVIDENTIARY RULINGS j The Commission attached Exhibits l through 6 to the Motion for Ruling on a Legal Issue 8 dated March 5, 2001. Having received no Objection to these exhibits, I now consider them. 9 10 FINDINGS OF FACT 11 Respondent holds an Oregon Teaching License. The effective date is May 21, 1997 and 12 the expiration date is May 9, 2002. (Ex. 1). On December 11, 2000, respondent was convicted 13 Of two counts of Sexual Abuse l. (Exs. 2 and 3). On December ll, 2000, respondent was ‘T convicted of Sexual Abuse 3. (Ex. 4). On December 11, 2000, respondent was convicted of two 16 counts of Furnishing Liquor to a Minor. (Exs. 5 and 6). l7 OPINION AND CONCLUSIONS OF LAW 18 19 ORS 342.175(2) provides: 20 “Notwithstanding ORS 670.280, the Commission shall revoke any license or registration ** * when the holder or person has been 21 convicted of any crime described in ORS 342.143(3).” 22 The crimes listed under ORS 342.143(3) include Sexual Abuse in the First Degree (ORS :3 163.427) and Sexual Abuse in the Third Degree (ORS 163.415). The statute establishes a per se 25 rule. Without exception, revocation of the Oregon Teaching License of a person who is 26 convicted of crimes listed under ORS 342.143(3) is mandatory. Furthermore, the statute does not provide for revocation postponement pending appeal of the criminal convictions. O PROPOSED ORDER: Teacher Standards and Practices Commission v. Thomas George Lees (Case No.: 20010731) Page 2 Of4 1 Based on the evidence, I find that there is n0 genuine issue as to any material fact that is ' relevant to the issue whether revocation is warranted. Pursuant to OAR l37-003-0580(4), I 3 conclude that the Commission is entitled to a favorable ruling as a matter of law. 4 5 ORDER 6 SINAQFA The Oregonml Teaching License of Thomas George Lees shall be revoked. 7 8 1T IS SO ORDERED. 9 Dated this 01% day of {22.11% I; , 2001 at Salem, Oregon. 10 t 7 ~. 11 WM 9' A ‘ Ca rlne P. Coburn 12 Administrative Law Judge Hearing Officer Panel l3 l4 ' NOTICE OF OPPORTUNITY FOR ADMINISTRATIVE REVIEW 16 NOTICE: Pursuant to OAR 137-003-0650, you are entitled to file written exceptions to this l7 Proposed Order. Written exceptions must be received by the Teacher Standards and Practices 18 Commission within 30 days following the date of service of this Proposed Order. Mail l9 t‘ t : 20 excep ions o ‘ 21 Teacher Standards and Practices Commission 1 Public Service Building 22 255 Capitol Street NE 23 Salem, OR 97310-1332 I 24 25 26 PROPOSED ORDER: Teacher Standards and Practices Commission v. Thomas George Lees (Case No.: 20010731) Page 3 of4 1 '2 CERTIFICATE OF SERVICE 3 4 I HEREBY CERTIFY that I have served copies of the foregoing Proposed Contested 5 Case Hearing Order for Thomas George Lees, Case No. 584-001-GE0122-01, upon the 6 following parties by causing to be mailed on the 24th day of April, 2001, a true, exact and full 7 copy thereof, enclosed in an envelope with postage prepaid, addressed to: 8 9 Thomas George Lees SID 13534232 10 PO BOX I470 Umatilla OR 97882 ll 12 Joe G. McKeever Assistant Attorney General 13 1162 Court Street NE Salem OR 97301-4096 14 16 17 >7 . 18 M ‘ , JO Ellen Odle, Hearings Technician 19 Hearing Officer Panel 20 21 22 23 24 25 26 PROPOSED ORDER: Teacher Standards and Practices Commission v. Thomas George Lees (Case No.: 20010731) Page 4 of4