' BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter ot the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION AND 6 MICHAEL SEAN DOUGHERTY ) REVOCATION OF RIGHT TO 7 ) APPLY FOR A LICENSE 8 9 On November 9, 2004, the Teacher Standards and Practices Commission (Commission) It) issued a Notice of Opportunity for Hearing to Michael Sean Dougherty (Dougherty) in which the 11 Commission charged him with conviction of crimes listed in ORS 342.1436). The Notice was . l2 sent via U.S. First Class Mail and U.S. Certified Mail Receipt #7003 2260 0000 8922 8852 to I3 the address obtained by the Commission. The certified mail receipt was signed by I4 Jake Dougherty and returned to the Commission on November 18, 2004. The Notice of 15 Opportunity of Hearing, dated November 9, 2004, and signed by Victoria Chamberlain, d Executive Director, stated: "You, Michael Sean Dougherty, are entitled to a hearing on the proposed action 18 of the Commission. If you want a hearing, you must file a written request for a l9 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. Dougherty did not request a hearing. The Commission, therefore, finds 25 Mr. Dougherw to be in default and enters the following findings of fact, conclusions of ' 26 law and order, based on the files and records of the Commission concerning this matter. 27 FINDINGS 0F FACT 28 1. Mr. Dougherty held a Transitional Teaching License issued March 18, 1999, with a 29 Music endorsement. Said license expired 0n March 18, 2002. 30 2. On July 22, 2004, Michael Sean Dougherty was convicted of seven counts of Sexual 3i Misconduct in the First Degree, RCW 9A.44.093(1)(b) in the Superior Court 0t Washington . PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — DOUGHERTY . County of Lewis, which is substantially equivalent to ORS 163.415 Sexual Abuse in the Third 2 Degree; ORS 163.435 Contributing to the Sexual Delinquency of a Minor; and ORS 163.445 _ 3 Sexual Misconduct. These crimes are all listed in ORS 342.143(3)(a)(A). 4 CONCLUSIONS OF LAW 5 The multiple convictions, in another jurisdiction, of Sexual Misconduct in the First Degree 6 (seven counts) as defined in RCW 9A.44.093(1)(b) are crimes that are substantially equivalent 7 to ORS 342.143(3). The Commission is required to revoke Michael Sean Dougherty’s right to 8 apply for a license pursuant to ORS 842.175(2). 9 ORDER 10 The Commission hereby revokes Michael Sean Dougherty‘s right to apply for a teaching 1 1 license. 12 IT IS SO ORDERED this Z: S day of January, 2005. ' TEACHER STANDARDS AND PRACTICES COMMISSION ‘ 14 lo By: 17 Victoria Chamberla cutive Dire tor I: NOTICE OF APPEAL OR RIGHTS 2(1) YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 22 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 23 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 24 183.482 TO THE OREGON COURT OF APPEALS. ’ PAGE 2 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — DOUGHERTY ' CERTIFICATE OF MAILING 2 3 I hereby certify that l served the foregoing order by mailing a true copy thereof certified by me 4 as such by U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed 5 to: 6 7 Michael Sean Dougherty DOC#871479 ‘ 3 Larch Corrections Center I 9 15314 NE Dole Valley Road 10 Yacolt, WA 98675-9531 11 3 {of 12 Dated this day of January, 2005. 13 l4 W [a "l ‘C’ w I flit/3 15 >. . f 16 By: _ ' I C!” 17 M Iody an ' , Executive Assistant l PAGE 1 — CERTIFICATE OF MAILING — MICHAEL SEAN DOUGHERTY