1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' OF THE STATE OF OREGON 4 ln the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF RIGHT TO 6 ROBERT ROY SMITH ) APPLY FOR A LICENSE 7 8 On November 12, 2003, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Robert Roy Smith (Smith) in which 10 the Commission charged him with conviction of a crime listed in ORS 342.143(3). The Notice 11 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7002 2410 0001 9754 7429 to 12 the address obtained by the Commission. The certified mail receipt was signed by Manuel 13 Rodriguiz, agent for the Coffee Creek Correctional Facility. The Notice of Opportunity of 14 Hearing, dated November 12, 2003, and signed by Victoria Chamberlain, Executive Director, 15 stated: 16 "You, Robert Roy Smith, are entitled to a hearing on the proposed action of the Commission. lf you want a hearing, you must file a written request for a hearing ‘ with the Commission within 21 days of the date of this notice. Attached to this l9 notice is a copy of the procedures, right of representation and other rights of 20 parties relating to the conduct of a hearing as required under ORS 183.413(2)." g; Mr. Smith did not request a hearing. The Commission, therefore, finds 23 Mr. Smith to be in default and enters the following findings of fact, conclusions of law 24 and order, based on the files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. Mr. Smith held a Basic Teaching License issued on April 20, 2000. Said license 27 expired on June 26, 2003. 28 2. Mr. Smith was employed by the Beaverton School District as a teacher from 1979, 29 until resignation on December 16, 2002. 30 3. On November 3, 2003, Robert Roy Smith was convicted of two counts of Unlawful 31 Sexual Penetration ll, ORS 163.408; two counts of Sexual Abuse I, ORS 163.427; and two . PAGE 1 - DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPLY - SMITH, ROBERT ROY 1 counts of Rape III, ORS 163.355, in the Circuit Court Of the State of Oregon for Washington ‘ County. 3 CONCLUSIONS 0F LAW 4 The crimes of Unlawful Sexual Penetration II as defined in ORS 163.408; Sexual 5 Abuse I as defined in ORS 163.427; and Rape III as defined in ORS 163.355, are listed in ORS 6 342.143(3). The Commission is required to revoke Robert Roy Smith's right to apply for a , 7 license pursuant to ORS 342.175(2). x ORDER ' . 9 The Commission hereby revokes Robert Roy Smith's right to apply for a teaching 10 license. +M 11 IT IS SO ORDERED this / day of January 2004. 12 TEACHER STANDARDS AND PRACTICES COMMISSION 13 15 By: 16 ictoria Chamb rlain, Executive Director 17 18 NOTICE OF APPEAL OR RIGHTS I9 20 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 21 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 22 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 23 183.482 TO THE OREGON COURT OF APPEALS. ' ‘ PAGE 2 ~ DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — SMITH, ROBERT ROY 1 CERTIFICATE OF MAILING ‘ I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by U.S. Certified Mail—Return Receipt Requested, addressed to: 5 6 Robert Roy Smith SID/ 14934388 7 Coffee Creek Correctional Facility 8 24499 SW Grahams Ferry Road 9 PO Box 9000 10 IL Wilsonville, OR 97070 11 é’ 11- 12 Dated this day of February 2004. 13 14 ‘ 15 16 By: . / 0/’ l7 M ody H , Executive Assistant ' PAGE 1 — CERTIFICATE OF MAILING — ROBERT ROY SMITH