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 MICHAEL OWEN NEWBY ) OF REVOCATION 7 l 8 9 On or about October 9, 1998, the Teacher Standards and Practices Commission received 10 information from the Washington Office of Professional Practices, indicating that Michel Owen 11 Newby had voluntarily surrendered his Washington Teaching Certificate‘ The Executive 12 Director took action to notify Newby of intent to revoke his right to reinstate his Oregon 13 Teaching license, and to inform himopportunity for hearing. The notice, dated October 16, 14 1998, and signed by David V. Myton, Executive Director, stated: 15 16 "You,Michael Allen Newby , are entitled to a hean'ng on the proposed action of 17 the Commission. If you want a hearing you must file a written request for a 18 hearing with the Commission within 21 days of the date of this notice." 19 20 The notice of opportunity for hearing was sent by U.S. Certified Mail, Return Receipt Requested 21 #P 412 422 543. The receipt was signed by Newby on October 21, 1998 and returned to TSPC. 22 Newby did not request a hearing. 23 24 FINDINGS OF‘ FACT 25 . 26 1. Michael Owen Newby held an Oregon Basic Teaching License valid from October 13, 27 1994 until December 20, 1997. i 28 f 29 2. In December 1997, Michael O. Newby was charged in Skamania County, Washington 30 State, with incest and sexual misconduct with a minor. 3 1 . 32 3. On January 5, 1998, Mr. Newby resigned from a contracted teaching position in Mill A 33 School District, Cook, Washington, as a result of the above indictment. 34 35 4. On February 24, 1998, Mr. Newby voluntarily surrendered his Washington Teaching 36 Certificate #34037 7A to the Superintendent of Public Instruction, 37 38 5. On July 2, 1998, Mr. Newby pled guilty to Child Molestation in the Third Degree in 39 Skai'nania County, Washington State. 40 41 ULTIMATE FINDINGS OF FACT 42 43 On July 2, 1998, Mr. Newby pled guilty to Child Molestation in the Third Degree in Skamania 44 County Superior Court, Washington State. 45 46 CONCLUSIONS OF LAW 47 48 Under Oregon Law (ORS 342.143 and 342175-190) the Commission is required to 49 revoke the license of an educator convicted of Sexual Abuse in the Third Degree or the 50 substantial equivalent of such a crime in another state (OAR 584-020-0040). 5 1 . ‘,1 PAGE 1——DEFAULT ORDER-MICHAEL ALLEN NEWBY 1 . 2 ORDER 3 4 The Commission revokes Michael Allen Newby's right to reinstate his Oregon Teaching License 5 for conviction of the crime of Child Molestation in the Third Degree in Skamania County, 6 Washington State. 1 7 W VA; ‘ s Dated this £95 day of M , 1998. 9 . 10 TEACHER STANDARDS AND PRACTICES COMMISSION , 11 1 12 , I 13 M l 14 By: ‘ 15 David V. Myton, Exec ive Director 16 17 NOTICE OF APPEAL OR RIGHTS 18 19 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 20 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 21 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO TI-IE PROVISIONS OF ORS 183.482 T0 22 THE OREGON COURT OF APPEALS. 23 24 DVM / cs 25 26 27 CERTIFICATE OF MAILING 28 ‘ 29 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 30 as such by regular U.S. mail and by U.S. Certified Mail with Return Receipt Requested to: 31 32 Michael Allen Newby 33 2345 Richardson Road 34 Bend, 97701 35 .1 36 Dated this day of , 1998. 37 38 , ' \ 39 ‘ / c 40 B ¢ MA) 41 harlene A. Smith 42 Secretary to the Commission 43 44 . PAGE 2—DEFAULT ORDER—-MICHAEL ALLEN NEWBY