.1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION AND 6 CARL FREEMAN DUNCAN ) REVOCATION OF RIGHT TO 7 ) APPLY FOR A LICENSE 8 9 On May 16, 2003, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Carl Freeman Duncan (Duncan) in which the 11 Commission charged him with conviction of a crime listed in ORS 342.143(3). The Notice was 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7001 0320 0005 0740 4812 to the 13 address obtained by the Commission. The certified mail receipt was signed by Carl Duncan 14 dated May 22, 2003. The Notice of Opportunity of Hearing, dated May 16, 2003, and signed by 15 Victoria Chamberlain, Executive Director, stated: 6 "You, Carl Freeman Duncan, are entitled to a hearing on the proposed action of the Commission. If you want a hearing, you must file a written request for a 8 hearing with the Commission within 21 days of the date of this notice. Attached 19 to this notice is a copy of the procedures, right of representation and other rights 20 of parties relating to the conduct of a hearing as required under ORS 21 183.413(2)." 22 23 Mr. Duncan did not request a hearing. The Commission, therefore, finds 24 Mr. Duncan to be in default and enters the following findings of fact, conclusions of law 25 and order, based on the files and records of the Commission concerning this matter. 26 FINDINGS OF FACT 27 1. On August 22, 2002, the Commission received an application for a Restricted 28 Transitional Teaching License co-sponsored by Sweet Home School District. On August 27, 29 2002, the Commission issued Mr. Duncan a Restricted Transitional Teaching License under 30 expedited service rules. 31 2. Mr. Duncan was employed by the Sweet Home School District as a Language Arts ‘ O ‘ PAGE 1 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION 0F RIGHT TO APPLY - DUNCAN i i l '1 Teacher from August 27, 2002 to September 13, 2002. 2 3. On September 13, 2002, Mr. Duncan was arrested by Sweet Home Police on a felony 3 warrant issued by Owyhee County Sheriffs Office, Murphy, Idaho, for sex abuse of a student in 4 Idaho. 5 4. On April 22, 2003, Carl Freeman Duncan was convicted of Sexual Abuse of a Child 6 Under Sixteen Years of Age, (Idaho Code Section 18-1506) in The District Court of The Third 7 Judicial District of The State of Idaho, In and For The County of Owyhee. 8 CONCLUSIONS OF LAW 9 The crime of Sexual Abuse of a Child Under Sixteen Years of Age. (Idaho Code Section 10 18-1506) substantially equivalent to crimes listed in ORS 342.143(3). The Commission is 11 required to revoke the Oregon Restricted Transitional Teaching License issued to Carl Freeman 12 Duncan and revoke his right to apply for a license pursuant to ORS 342.175(2). . ORDER 14 The Commission hereby revokes the Oregon Restricted Transitional Teaching License 15 issued to Carl Freeman Duncan and revokes his right to apply for a teaching license. 16 IT IS SO ORDERED this 8'4») day of August 2003. 17 TEACHER STANDARDS AND PRACTICES COMMISSION 18 19 2; éég;%? é ég. 20 By: 21 Ictoria Cham Iain, Executive Director ii NOTICE OF APPEAL OR RIGHTS g: 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 AND REVOCATION OF RIGHT T0 APPLY - DUNCAN .1 CERTIFICATE OF MAILING 2 3 I hereby certify that I 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-Return Receipt Requested, addressed 5 to: 6 7 Carl Freeman Duncan 8 32000 Pineway Road #15 9 Lebanon, OR 97355 ‘° 02 R % 11 Dated this @ day o 2003. 12 13 / (/1 14 ‘ , 15 By: , MM" 4. 16 WW- ‘ xecutive Assistant ‘ . PAGE 1 - CERTIFICATE OF MAILING - DUNCAN