' BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . OF THE STATE OF OREGON 3 4 In the Matter of the | 5 Teaching License of | DEFAULT ORDER 6 BENJAMIN FRANKLIN KOLB,II | SUSPENDING LICENSE 7 I 8 9 _ . 10 On or about October l6, 2002, the Teacher Standards and Practices Commission received a 11 report from Jerry L. Sessions, Superintendent of Schools in Hood River County School District, 12 indicating that Ben Kolb violated his contract by failing to provide 60 days’ written notice prior 13 to resignation. The Commission notified Ben Kolb of intent to suspend his teaching license and 14 his opportunity for hearing by letter dated November 13, 2002. The letter was sent by U.S. First 15 Class Mail and U.S. Certified MailiReturn Receipt Requested #7001 0320 0005 0740 5482. 16 The receipt was signed by Peggy Kolb on November 14, 2002, and returned to TSPC on 17 November 15, 2002. Ben Kolb did not request a hearing. 18 19 Ben Kolb did not request a hearing within the time required by the notice. Based on the 20 foregoing, the Commission finds Ben Kolb to be in default and enters the following findings of 21 fact, conclusion of law and order based on the Commission’s files and records. 22 2'5 FINDINGS OF FACT 25 26 l. On July 9, 2001, Ben Kolb signed an Administrative/Supervisor Contract with Hood 27 River County School District for a term commencing July 1, 2001, and ending June 30, 28 2004. 29 30 2. On or about September 24, 2002, Ben Kolb informed the Hood River County School 31 District via letter that he was resigning from his position as Hood River Valley High 32 School Principal to accept an administrative position in the San Francisco bay area in 33 California. 34 35 3. Meeting in regular session on October 9, 2002, the Hood River County School Board , 36 adopted a resolution requesting suspension of the teaching license for Mr. Kolb for 37 failure to fulfill his contract. l 38 1 39 4. On October 16, 2002, TSPC received a report from Jerry L. Sessions, Superintendent of 40 Schools in Hood River County School District, charging that Ben Kolb violated his 41 contract under ORS 342.553 for failure to give the necessary 60 days notice to the 42 District prior to resigning. 43 44 45 PAGE l—DEFAULT ORDER SUSPENDING LICENSEgBENJAMIN FRANKLIN KOLB, II ‘1 ULTIMATE FINDING OF FACT 3 Benjamin Kolb resigned his teaching position with the Hood River County School District 4 without providing 60 days’ prior written notice to the district. 5 6 7 CONCLUSION OF LAW 8 9 Benjamin Kolb violated ORS 342.553 by failing to provide 6O days’ notice prior to resignation 10 from his teaching position. l l 12 13 ORDER 14 15 The Commission suspends the Oregon Basic Administrative Teaching License of Benjamin 16 Franklin Kolb, II for the remainder of the 2002-03 school year. 17 {y 18 Dated this )0 day of January 2003. 19 20 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 0 25 mm; . 26 Victoria Ch 'n, Executi Director i 27 28 29 30 NOTICE OF APPEAL RIGHTS 3 l 32 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICAL REVIEW 33 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 34 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 35 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 36 PAGE 2—DEFAULT ORDER SUSPENDING LICENSEfiBENJAMIN FRANKLIN KOLB, II l . CERTIFICATE OF MAILING 3 . 4 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 5 as such by regular U.S. First Class Mail and by U.S. Certified Mail-Retum Receipt Requested 6 to: i 7 8 Ben F. Kolb 9 83 Claire Way 10 Tiburon CA 94920 ll 12 i 7 13 Dated this / day of January 2003. 14 \ 15 / \ 16 (D 17 By: , I A” ‘ 1 Mm 18 Melo 1i son 5 19 Exec - r ' . 't to the Commission ‘ Q