, 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ~ 2 OF THE STATE OF OREGON i In the Matter of the | 5 Teaching License of | DEFAULT ORDER 6 THAYNE CHARLES SMITH | OF REVOCAT ION 7 l 8 9 10 On July 18, 2001, the Teacher Standards and Practices Commission issued a Notice 11 of Opportunity for Hearing to T hayne Charles Smith, in which the Commission proposed to 12 suspend or revoke the teaching license of Thayne Smith or otherwise impose discipline under 13 ORS 342.177. The notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 14 #7000 0600 0023 8496 8023 at the address Mr. Smith provided to the Commission. The 15 certified mail receipt was signed and dated by Steven Smith on July 27, 2001 , and returned to 16 the Commission on July 30, 2001. Thayne Smith did not request a hearing. 17 18 The Notice of Opportunity for Hearing, signed by David V. Myton, Executive -' 19 Director, stated: 20 If a request for hearing is not received within this 21-day period, your right to 21 hearing shall be considered waived unless your failure to request a hearing was 22 beyond your reasonable control. If you do no request a hearing or if you fail to 23 appear at a hearing, the Commission will adopt an Order of Default which may 24 include the revocation or suspension of your license or other discipline. 25 26 Based on the foregoing, the Commission finds Thayne Charles Smith in default and 27 such default is hereby entered. Based on the records and files of the Commission, the 28 Commission enters the following findings of fact and order. 29 30 FINDINGS OF FACT 31 32 l. Thayne Charles Smith holds a Standard Teaching License with endorsements in 33 Basic Elementary and Standard Handicapped Learner I valid from April 7, 1997 through PAGE 1—DEFAULT ORDER—THAYNE CHARLES SMITH 1 March 17, 2002. The Commission has continually licensed Thayne Smith since July 1, . 2 1971. 3 2. Thayne Smith was employed by the Gresham-Barlow School District in a 4 temporary contract position at Gordon Russell Middle School from November 6, 2000 5 until his resignation effective February 9, 2001. 6 3. On or about February 2, 2001, Thayne Smith reported to work at Gordon Russell 7 Middle School while under the influence of alcohol. Mr. Smith had a blood alcohol 8 content of .026 percent. 9 10 CONCLUSIONS 0F LAW l 1 12 Thayne Smith’s actions constitute gross neglect of duty in violation of OAR 584-020- 13 0040(4)(g). 14 15 ORDER ' ' 16 17 The Commission revokes the Oregon Standard Teaching License #215561, issued to 18 Thayne Charles Smith, DOB 03-17-41, SSN 541-44-9541, for gross neglect of duty. 19 2(1) Dated this / Z Lday of September 2001. ii 24 TEACHER STANDARDS AND PRACTICES COMMISSION i; By M 6\/ 29 David V. Myton, Exec tive Director 30 3 l 32 NOTICE 0F APPEAL OR RIGHTS > ii YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICAL 35 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 36 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT . 37 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 2—DEFAULT ORDER—THAYNE CHARLES SMITH ' 1 CERTIFICATE 0F MAILING 2 3 I hereby certify that I served the foregoing order by mailing a true copy thereof 4 certified by rne as such by regular U.S. First Class Mail and by U.S. Certified Mail-Return 5 Receipt Requested to: 6 7 Thayne Charles Smith 8 38110 Historic Columbia River Hwy 9 Corbett OR 97019 10 f , 1 1 , C V. 12 Dated this day of September 2001. , 13 14 ., f 15 \ 7 " ' //“ --\\ 1 16 By: 77 [pg/(‘7% L"747/4 'y"L<'/Z'\r\-' 17 Melody Hangoh 18 ExbcutivéASsistant to the Commission PAGE 3—DEFAULT ORDER—THAYNE CHARLES SMITH