1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter ofthe ) 4 Teaching License of ) DEFAULT ORDER OF 5 PATRICK JOHN KENNEDY ) DENIAL OF LICENSURE i > x On June 25, 2002, the Teacher Standards and Practices Commission issued a 9 Notice of Opportunity for Hearing to Patrick John Kennedy, in which the Commission 10 proposed to deny issuance of a Teaching License under ORS 342.143. The Notice 11 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt #7001 0320 0005 12 0740 8704 to the address Mr. Kennedy provided to the Commission. The certified 13 mail receipt was signed and dated by Mr. Kennedy on June 27, 2002, and returned to 14 the Commission on June 28, 2002. Patrick John Kennedy did not request a hearing. 15 The Notice of Opportunity for Hearing, signed by Victoria Chamberlain, Executive 16 Director, stated: 17 If a request for hearing is not received within this 21-day period, your right to 18 hearing shall be considered waived unless your failure to request a hearing 19 was beyond your reasonable control. If you do not request a hearing or if 20 you fail to appear at a hearing, the Commission will uphold the denial of 21 your application for an Oregon teaching license. 22 23 Based on the foregoing, the Commission finds Patrick John Kennedy in default 24 and such default is hereby entered. Based on the records and files of the Commission, ' 25 the Commission enters the following findings of fact, conclusions of law and order. 26 FINDING 0F FACTS 27 1. On or about March 27, 1990, Mr. Kennedy was convicted of DUII in Municipal 28 Court for the City of Salem, Oregon. PAGE 1 - DEFAULT ORDER OF DENIAL OF LICENSURE—-PATRICK JOHN KENNEDY ' 1 2. On or about August 30, 1993, Mr. Kennedy was convicted of DUII in Douglas 2 County District Court, Roseburg, Oregon. 3 3. On or about February 2, 1998, Mr. Kennedy was convicted of DUII in Linn 4 County Circuit Court, Albany, Oregon. 5 4. On or about September 20, 1999, Mr. Kennedy was convicted of Disorderly 6 Conduct in Municipal Court forthe City of Roseburg, Oregon. 7 5. On or about November 1, 1999 and November 15, 1999, Mr. Kennedy was s convicted of Contempt of Court-Violation of Restraining Order in Douglas County Circuit 9 Court, Roseburg, Oregon. 10 CONCLUSIONS OF LAW 11 1. The conduct described in Finding of Fact Number 1 constitutes gross neglect . 12 of duty in violation of OAR 584-020-0040(5)(c). 13 2. The conduct described in Finding of Fact Number 2 constitutes gross 14 unfitness in violation of OAR 584-020-0040(5)(c). 15 3. The conduct described under Finding of Fact Number 3 constitutes gross 16 neglect of duty in violation of OAR 585-020-0040(5)(c). 17 4. The conduct described in Finding of Fact No. 4 constitutes gross unfitness in 18 violation of OAR 584-020-0040(5)(c). 19 5. The conduct described in Finding of Fact No. 5 constitutes gross unfitness in 20 violation of OAR 584-020-0040(5)(c). 21 Any one of the findings of facts set forth above are a sufficient basis standing 22 alone for denial of licensure pursuant to OAR 584-020-0040(3). The Commission's ’ 23 authority to deny licensure in this matter is based upon ORS 342.143. PAGE 2 - DEFAULT ORDER OF DENIAL OF LICENSURE—PATRICK JOHN KENNEDY . 1 ORDER 2 The Comrlission denies issuance of a teaching license to Patrick John Kennedy. f Vi 3 Dated this d /day of August 2002. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 1 ' I / . w ' 6 =1 // IQ/i11/;//1.a . 4A 7 ictoria Chain, Exec tive Director 8 9 NOTICE OF APPEAL RIGHTS 10 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL 11 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 12 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT 13 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3 - DEFAULT ORDER OF DENIAL OF LICENSURE—PATR|CK JOHN KENNEDY ' T l . CERTIFICATE OF MAILING l hereby certify that l served the foregoing default order of denial of licensure, certified by rne as such, by mailing U.S. Certified MaiI--Return Receipt Requested, addressed to: Patrick John Kennedy 887 Oakdale Street Apt 159 Springfield, OR 97477 I?’ Dated this ____ day of August 2002. / ll.‘ down/J By: . ‘Jail.’ Melod Hans" 7 Execu've As -nt to the Commission PAGE 1 — CERTIFICATE OF MAILING—PATRICK JOHN KENNEDY