t 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 OF 6 THOMAS WHITNEY BATES ) LICENSE REVOCATION 7 8 On August 5, 2004, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Thomas Whitney Bates (Bates) in which the I0 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. ' 11 First Class Mail and U.S. Certified Mail Receipt 7003 2260 0000 8804 6594 to the address 12 Mr. Bates provided to the Commission on his application for licensure. The certified mail receipt I3 was not returned. The Notice of Opportunity of Hearing, dated August 5, 2004, and signed by l4 Victoria Chamberlain, Executive Director, stated: 15 "You, Thomas Whitney Bates, are entitled to a hearing on the proposed action of 16 the Commission. If you want a hearing, you must file a written request for a 7 hearing with the Commission within 2t days of the date of this notice. Attached Q to this notice is a copy of the procedures, right of representation and other rights of parties relating to the conduct of a hearing as required under ORS 20 183.413(2)." 21 22 Mr. Bates responded by mailing a note to the Commission indicating that he did 23 not need a hearing. Mr. Bates did not request a hearing. The Commission, therefore, 24 finds Mr. Bates to be in default and enters the following findings of fact, conclusions of . 25 law and order, based on the files and records of the Commission concerning this matter. 2e FINDINGS 0F FACT 27 1. Mr. Bates holds a Basic Teaching License with endorsements in Standard 28 Elementary, Basic Social Studies, Basic Integrated Science and Basic Technology, issued 29 June 11, 2002, valid until July 3, 2005. ‘ PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION - BATES 1 2. On or about April 2, 2003, Mr. Bates telephoned Carol Holloway, Subfinder Operator, ‘2 Human Resources, Beaverton School District and left a threatening/intimidating message on her ' 3 voice mail. 4 3. On or about May 21, 2003, at Sunset High School, Beaverton School District, 5 Mr. Bates became verbally abusive and physically threatening toward Rick Collins, Vice i (1 Principal, when Collins notified Mr. Bates that his substitute teaching assignment was cancelled. 7 4. On seven occasions subsequent to February 14, 2004, Mr. Bates engaged in 8 Telephonic Harassment, acts constituting criminal conduct, when Mr. Bates made harassing 9 telephone calls to Virlena Crosley, former Director of the Department of Employment and staff. 10 CONCLUSIONS OF LAW 11 The above conduct constitutes Gross Neglect of Duty in violation of OAR 584020- 12 0040(4)(n) specifically OAR 584-020-0030i3)(b) and Gross Unfitness in violation of OAR 584- 3 020-0040(5)(e). The Commission’s authority to impose discipline in this matter is based upon . Q ORS 342.175. 15 ORDER to The Commission hereby revokes the Oregon Basic Teaching License issued to Thomas I7 Whitney Bates. 18 IT IS SO ORDERED this 2 day of October, 2004. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 21 By: 22 Victoria Chambe , Executive Director 343i NOTICE OF APPEAL OR RIGHTS 32 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE . 27 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 28 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 29 183.482 TO THE OREGON COURT OF APPEALS‘ ' PAGE 2 — DEFAULT ORDER OF LICENSE REVOCATION - BATES .1 CERTIFICATE OF MAILING 3 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular US. mail and by U.S. Certified Mai|—Return Receipt Requested, addressed 5 to: 6 7 Thomas Whitney Bates x 3185 sw 72"d Avenue 9 Portland, OR 97225 10 Q Q45; 11 Dated thisr/ '- day of October, 2004. 12 I3 _ 1 j. ‘ w 14 . 15 By: . i . 16 Mel y Hanson, cutive Assistant \. ' PAGE 1 — CERTIFICATE OF MAILING - BATES