BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF DENIAL 5 Teaching License of ) OF LICENSURE 6 JOHN CHARLES SPRENGER ) 7 . 8 0n September 25, 2003, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to John Charles Sprenger (Sprenger) 10 in which the Commission charged him with misconduct under ORS 342.175. The Notice was ll sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7002 2410 0001 9754 7252 to the 12 address Mr. Sprenger provided to the Commission. On October 21, 2003, the U.S. Certified 13 Mail was returned to the Commission as “unclaimed”. The First Class Mail envelope was not I4 returned and is assumed delivered. John Charles Sprenger did not request a hearing. The 15 Notice of Opportunity of Hearing, dated September 25, 2003, and signed by Victoria ‘ Chamberlain, Executive Director, stated: 7 "You, John Charles Sprenger, are entitled to a hearing on the proposed action of 18 the Commission. If you want a hearing, you must file a written request for a 19 hearing with the Commission within 21 days of the date of this notice. AttaChed 20 to this notice is a copy of the procedures, right of representation and other rights 21 of parties relating to the conduct of a hearing as required under ORS 22 183.413(2)." 23 24 Mr. Sprenger did not request a hearing. The Commission, therefore, finds 25 Mr. Sprenger to be in default and enters the following findings of fact, conclusions of law 2o and order, based on the files and records of the Commission concerning this matter. 27 FINDINGS OF FACT 28 1. On January 29, 2003, Mr. Sprenger signed and submitted an Application for Educator 29 License Form C-1 requesting renewal of a Standard Teaching License. Mr. Sprenger 30 responded affirmatively to character questions 8 and 10 and provided documentation of a I 3t criminal conviction. 1 I 1 — DEFAULT ORDER OF DENIAL OF LICENSURE - SPRENGER ‘ 2. On October 2, 1994, Mr. Sprenger was arrested tor Driving Under the Influence of 2 lntoxicants in Marion County, Oregon. Mr. Sprenger was granted Diversion in the District Court 3 of the State of Oregon for Marion County. He completed Diversion on November 8, 1995. 4 3. On October 25, 2001, Mr. Sprenger was convicted of Menacing in the Circuit Court ot 5 the State of Oregon for the County of Marion. The court sentenced Mr. Sprenger to 18 months 6 probation; required him to complete an alcohol evaluation and counseling; have no contact with 7 victims; to not possess or consume any alcohol, illegal drugs or weapons; and pay a money 8 judgment of $565. 9 CONCLUSIONS OF LAW 10 John Charles Sprenger’s menacing conviction and criminal conduct constitute Gross 11 Untitness as defined in OAR 584-020-0040(5)(c) and OAR 584'020-0040(5)(e). Criminal 12 convictions and criminal conduct, even in the absence of conviction, may be used as evidence 3 to establish an applicant's lack of fitness to serve as an educator pursuant to OAR 584-050- q 0006. The Commission's authority to impose discipline in this matter is based upon ORS 15 342.175. 16 /// 17 /// 18 /// ' 2 — DEFAULT ORDER OF DENIAL OF LICENSURE - SPRENGER '1 ORDER 2 The Commission hereby denies Mr. Sprenger's application for a teaching license. )_ 3 IT IS so ORDERED this 15%;” of January 2004. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 a - I I o , i 7 By: M1, 1 8 ictoria Chamb rlain, Executive Director 1 9 I 10 NOTICE OF APPEAL OR RIGHTS 11 ‘ 12 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE i 13 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE ‘ 14 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 15 183.482 TO THE OREGON COURT OF APPEALS‘ I 3 — DEFAULT ORDER OF DENIAL OF LICENSURE - SPRENGER . '1 CERTIFICATE OF MAILING 3 l hereby certify that | served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular US. mail and by US Certified Mai|—Return Receipt Requested, addressed 5 to: 6 7 John Charles Sprenger 8 4120 Sunnyview Road NE #49 9 . Iv Salem, OR 97305 IO k ‘D 11 Dated this , day of February 2004. 12 13 l4 / //.a ‘ \ 15 By: i oz.” '1 , ..' 16 Melouanv xecutive Assistant I PAGE 1 — CERTIFICATE OF MAILING - SPRENGER