1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the )

5 Teaching License of ) DEFAULT ORDER

6 DAVID ARTHUR SMITH ) REVOKING TEACHING LICENSE

1 l

8

9 On or about October 5, 1999, the Teacher Standards and Practices Commission received

10 information that David Arthur Smith had been found guilty by a jury of Attempted Murder,

11 Burglary in the First Degree, Assault with a Stun Gun-Tazer, and Possesison of Stolen Property
12 in Superior Court of California, County of Santa Clara. On December 10, 1999 Smith was

13 sentenced to seven years at San Quentin Prison. The Executive Director took action to notify

14 Smith of intent to revoke his Oregon Teaching License, and to inform him of his opportunity for
15 hearing. The notice, dated February 10, 2000, and signed by David V. Myton, Executive

16 Director, notified Smith that he had 21 days to request a hearing from the date of the notice.

l7 The notice of opportunity for hearing was sent by U.S_ Certified Mail, Return Receipt

18 Requested.

19

20 FINDINGS OF FACT

21

22 1. On September 29, 1999, David Arthur Smith was convicted of Attempted Murder in

23 Superior Court of California, County of Santa Clara.

24

25 2. On September 29, 1999, David Arthur Smith was convicted of First Degree Burglary,

26 Assault with a Stun Gun-Tazer and Possession of Stolen Property in Superior Court of
~27 California, County of Santa Clara.

' 28

29 3. On December 10, 1999, David Arthur Smith was sentenced to seven years in California
30 State Prison for conviction of the above crimes.

31

32 ULTIMATE FINDINGS OF FACT

33

34 On September 29, 1999, David Arthur Smith was found guilty by a jury and convicted of the

35 crimes of Attempted Murder, First Degree Burglary, Assault with a Stun Gun-Tazer and

36 Possession of Stolen Property in Superior Court of California, County of Santa Clara.

3'7

38 CONCLUSIONS OF LAW

39

40 Under ORS 342.175 conviction for the crime of Attempted Murder constitutes gross unfitness
41 and requires the Commission to revoke the license of an educator. Additionally, conviction of
42 the crimes of First Degree Burglary, Assault with a Stun Gun and Possession of Stolen Property
43 constitutes gross neglect of duty and authorizes the Commission to revoke an educator's

44 license.

45

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3 l‘¢
1
" PAGE 1——DEFAULT ORDER-DAVID ARTHUR SMITH

. 1 ORDER

2
3 The Commission revokes the Oregon Basic Teaching License #288529 of David Arthur Smith
4 for conviction of the crimes of Attempted Murder, First Degree Burglary, Assault with a Stun
5 Gun-Tazer and Possession of Stolen Property.
6 4/ Z! 2 Q
7 Dated this [3 day of , 2000.
8
9 TEACHER STANDARDS AND PRACTICES COMMISSION
lO
11 .
12 OP
13 By:
l4 David V. Myton, Executive Director
15
16 NOTICE OF APPEAL OR RIGHTS
17
18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
l9 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
20 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
21 THE OREGON COURT OF APPEALS.
22
23 DVM/cs
24
25
26 CERTIFICATE OF MAILING
27

.28 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
29 as such by U.S. Certified Mail with Return Receipt Requested to:
30
31 David Arthur Smith
32 San Quentin State Prison
33 P O Box P67914
34 San Quentin, CA 94974
35 l
36 L
37 Dated this d day of 2 2 2M , 2000.
38
39 .. -
40 r
41 By: MM/ - (JIM
42 Ch rlene A. Smith
43 Executive Assistant to the Commission
44
45
‘ PAGE 2—DEFAULT ORDER—DAVID ARTHUR SMITH