1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION AND 6 COLBY LEE MOLAN ) REVOCATION OF RIGHT TO APPLY 7 ) FOR LICENSURE 8 9 On July 30, 2008, the Teacher Standards and Practices Commission (Commission) issued a Notice of 10 Opportunity for Hearing to Colby Lee Molan (Molan) in which the Commission charged him with 11 conviction of a crime listed in ORS 342.143(3). The Notice was sent via U.S. First Class Mail and 12 U.S. Certified Mail Receipt 7008 1140 0002 8581 1952 to Marion County Correctional Facility. The 13 Certified Mail receipt was returned to the Commission signed by a staff member of the correctional 14 facility on July 31, 2008. The Notice of Opportunity of Hearing, dated July 30, 2008, and signed by 15 Victoria Chamberlain, Executive Director, stated: 16 "You, Colby Lee Molan, are entitled to a hearing on the proposed action of the 17 Commission. If you want a hearing, you must file a written request for a hearing with 18 the Commission within 21 days of the date of this notice. Attached to this notice is a 19 copy of the procedures, right of representation and other rights of parties relating to the 20 conduct of a hearing as required under ORS 183.413(2)." 21 22 Mr. Molan did not request a hearing. The Commission, therefore, finds Mr. Molan to be in 23 default and enters the following findings of fact, conclusions of law and order, based on the 24 files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. Mr. Molan has been licensed by the Commission since November 12, 1996. The 27 Commission issued Mr. Molan’s Basic Teaching License on May 25, 2006., valid until September 28 26, 2010 with Basic Physical Education and Basic Advanced Math endorsements. 29 2. On July 7, 2008, in the Circuit Court of the State of Oregon for Marion County, you pled 30 guilty, and were convicted of Sexual Abuse 3. This conviction constitutes gross neglect of duty in 31 violation of OAR 584-020-0040(1)(m) and ORS 163.415, Sexual Abuse in the Third Degree. 32 /// PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION AND RIGHT TO APPLY — MOLAN 1 CONCLUSIONS OF LAW 2 Mr. Molan's conviction of Sexual Abuse 3 constitutes gross neglect of duty in violation of OAR 3 584-020-0040(1)(m) and ORS 163.415. The Commission is required to revoke the Basic Teaching 4 License issued to Mr. Molan and revoke his right to apply for a license pursuant to ORS 342.175(2). 5 ORDER 6 The Commission hereby revokes Colby Lee Molan’s Basic Teaching License and revokes his right to 7 apply for a teaching license. a y 1M. 8 IT IS SO ORDERED this day of October, 2008. 9 TEACHER STANDARDS AND PRACTICES COMMISSION 0 10 12 Victoria Chamberlain, Executive irector 13 14 NOTICE OF APPEAL OR RIGHTS 15 16 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 17 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 18 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 19 OREGON COURT OF APPEALS. 20 PAGE 2 — DEFAULT ORDER OF LICENSE REVOCATION AND RIGHT TO APPLY — MOLAN 1 CERTIFICATE OF MAILING 2 3 4 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 5 as such by U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed 6 to: 7 8 Colby Lee Molan, SID 16202300 9 Marion County Correctional Facility 10 4000 AumsviIIe Highway SE 11 Salem OR 97301 12 (7.)!» 13 Dated this a day of October, 2008. 14 . 15 . 16 17 By: 18 Mel y Hans ecutive Assistant PAGE 1 — CERTIFICATE OF MAILING — MOLAN