1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' . OF THE STATE OF OREGON 431 In the Matter of the ) 5 Teaching License of ) DEFAULT ORDER OF 6 FRANK OLIVER DIEHL ) LICENSE REVOCATION g ) 9 On September 3, 2002, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Frank Oliver Diehl, in which the 11 Commission proposed to suspend or revoke the teaching license of Frank Oliver Diehl or 12 othenivise impose discipline under ORS 342.177. The notice was sent via U.S. First Class Mail 13 and U.S. Certified Mail Receipt 7001 0320 0005 0740 8636 to Coffee Creek Correctional 14 Facility. The certified mail receipt was signed and dated on September 5, 2002. The Notice of 15 Opportunity of Hearing, dated September 3, 2002, and signed by Victoria Chamberlain, 16 Executive Director, stated: . ' "You, Frank Oliver Diehl, are entitled to a hearing on the proposed action of the .8 Commission. If you want a hearing, you must file a written request for a hearing 19 with the Commission within 21 days of the date of this notice. Attached to this 20 notice is a copy of the procedures, right of representation and other rights of 21 parties relating to the conduct of a hearing as required under ORS 183.413(2)." Z Mr. Diehl did not request a hearing. The Commission, therefore, finds Mr, 24 Diehl to be in default and enters the following findings of fact, conclusions of law and 25 order, based on the files and records of the Commission concerning this matter. ‘ 26 FINDINGS 0F FACT 27 1. Frank Oliver Diehl has been licensed by the Commission since August 22, 1991. On , 28 September 24, 2001, the Commission issued a Substitute Teaching License to Frank Oliver 29 Diehl valid until August 27, 2004. 30 2. Frank Oliver Diehl was employed by The Inn Between Shelter and Evaluation Center 31 as a Substitute Teacher beginning September 21, 1999, until June 30, 2000. Mr. Diehl was . PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION - DIEHL 1 employed as a Substitute Teacher for North Valley High School, Three Rivers School District '2 from January 29, 2001, until June 14, 2001. 3 3. On August 15, 2002, Frank Oliver Diehl was convicted of: Manufacture 4 Controlled Substance, ORS 475.992; Possession of a Controlled Substance, ORS 475.992; 5 Manufacture/Delivery of a Controlled Substance, ORS 475.992; and two counts of Endangering 6 the Welfare of a Minor, ORS 163.575, in the Circuit Court for the State of Oregon for the County 7 of Josephine. The court sentenced Mr. Diehl to serve sixteen (16) months in jail, thirty-six (36) 8 months of post-prison supervision, and ordered him to pay a monetaryjudgment of $3,444.00. 9 CONCLUSIONS OF LAW > 10 The crime of Endangering the Welfare of a Minor, ORS 163.575, is listed in ORS 11 342.143(3). The Commission is required to revoke the Oregon Substitute Teaching License 12 issued to Frank Oliver Diehl pursuant to ORS 342.175(2). 3 ORDER ‘1 The Commission hereby revokes the Oregon Substitute Teaching License issued to 15 Frank Oliver Diehl. 16 IT IS SO ORDERED this [Z day of October 2002. 17 TEACHER STANDARDS AND PRACTICES COMMISSION 18 / 19 ‘Q'MMU 20 By: 21 ictoria Cham in, Executive Director . i; NOTICE OF APPEAL OR RIGHTS i: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 26 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 27 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 28 183.482 TO THE OREGON COURT OF APPEALS. . PAGE 2 - DEFAULT ORDER OF LICENSE REVOCATION - DIEHL '1 CERTIFICATE OF MAILING 3 l hereby certify that l 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 Mail with Return Receipt Requested, 5 addressed to Steven Patrick Burt: 6 7 Frank Oliver Diehl SlD/OR14372135 8 Coffee Creek Correctional Facility 9 PO Box 9000 10 Wilsonville, OR 97070 11 /g£ 12 Dated this day of October, 2002. 13 14 15 16 By: / Il‘_‘v/ 1 r 17 Mel y Haw xecutive Assistant ‘ PAGE 1 — CERTIFICATE OF MAILING - DIEHL