1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ,. 2 OF THE STATE OF OREGON ‘ 3 4 5 In the Matter of the I 6 Teaching License of | DEFAULT ORDER OF 7 MICHAEL SCOTT WEISSENFLUH | DENIAL OF LICENSURE 8 | 9 10 11 On January 25, 2002, the Teacher Standards and Practices Commission issued a _ 12 Notice of Opportunity for Hearing to Michael Scott Weissenfluh, in which the Commission 13 proposed to deny issuance of a Teaching License under ORS 342.143. The notice was sent 14 via U.S. First Class Mail and U.S. Certified Mail Receipt #7001 0320 0005 0740 9480 to 15 the address Mr. Weissenfluh provided to the Commission. The certified mail receipt was 16 signed and dated by M. Weissenfluh on January 29, 2002, and returned to the Commission 17 on January 30, 2002. Michael Weissenfluh did not request a hearing. 18 19 The Notice of Opportunity for Hearing, signed by David V. Myton, Executive -' ._ ._ 20 Director, stated: 21 If a request for hearing is not received within this 21-day period, your right to 22 hearing shall be considered waived unless your failure to request a hearing was 23 beyond your reasonable control. If you do not request a hearing or if you fail to 24 appear at a hearing, the Commission will uphold the denial of your application 25 for an Oregon teaching license. 26 27 Based on the foregoing, the Commission finds Michael Weissenfluh in default and 28 such default is hereby entered. Based on the records and files of the Commission, the 29 Commission enters the following findings of fact and order. 30 31 FINDINGS OF FACT 32 33 l. On or about September 26, 2001, Michael Weissenfluh submitted an Application 34 for Educator License Form C-l for a Substitute Teaching license at the Elementary, Middle 35 School and High School Level. Mr. Weissenfluh answered “yes” to character questions 4, 8 36 and 10. " 37 PAGE l - DEFAULT ORDER OF DENIAL OF LICENSUREVMICHAEL S. WEISSENFLUH 1 2. On 0r about July lO, 2000, Weissenfluh plead guilty to Bank Fraud in violation of . 2 18 USC 1344, a felony crime. The judgment of conviction was entered in the United States 3 District Court Central District of California on September 25, 2000. The Court sentenced 4 Mr. Weissenfluh to probation for three years, to pay to the U.S. a special assessment of $50, 5 pay restitution in the amount of $50,000, participate in a home detention program for five 6 months, and participate in a psychological/psychiatric counseling or treatment program. 7 8 CONCLUSIONS OF LAW 9 Michael Weissenfluh’s actions constitute gross unfitness in violation of ORS 10 342.143, OAR 584-050-0006 and OAR 584-020-0040(5)(c). 11 12 ORDER 13 14 The Commission denies issuance of a Teaching License to Michael Weissenfluh for 15 gross unfitness. 16 . 17 Dated this X11,‘ day of March 2002. 18 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 21 Q v 22 By g £1 £2 '2 If? g 23 David V. Myton, Execu ve Director 24 25 NOTICE OF APPEAL RIGHTS is YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICAL 28 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 29 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT 30 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. O PAGE 2 - DEFAULT ORDER OF DENIAL OF LICENSURE—MICHAEL S. WEISSENFLUH 1 CERTIFICATE OF MAILING 2 ' 3 I hereby certify that I served the foregoing order by mailing a true copy thereof 4 certified by me as such by regular U.S. First Class Mail and by U.S. Certified Mail—Return 5 Receipt Requested to: 6 7 Michael Scott Weissenfluh 8 Box 68 9 Tillamook OR 97141 10 11 _ [71¢ 12 Dated th1s l day of March 2002. 13 . l4 . ' 15 77 WAD 16 By: .L ' 17 Mel dy Hans 18 Exec ' ss ant to the Commission PAGE 3 —CERTIFICATE OF MAILING—MICHAEL S. WEISSENFLUH