‘ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION '1. OF THE STATE OF OREGON 5 4 In the Matter of the ) 5 Teaching License of ) DEFAULT ORDER OF 6 KODIAK JACK MALMSTROM ) LICENSE REVOCATION 7 On May 5, 2005, the Teacher Standards and Practices Commission (Commission) 8 issued a Notice of Opportunity for Hearing to Kodiak Jack Malmstrom (Malmstrom) in which the 9 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 10 First Class Mail and U.S. Certified Mail Receipt 7005 0390 0000 5019 2506 to the address 11 Mr. Malmstrom provided to the Commission. On May 16, 2005, the U.S. Certified Mail was 12 signed and returned to the Commission. The Notice of Opportunity of Hearing, dated May 5, 13 2005, and signed by Victoria Chamberlain, Executive Director, stated: 14 "You, Kodiak Jack Malmstrom, are entitled to a hearing on the proposed action of 15 the Commission. If you want a hearing, you must file a written request for a 16 hearing with the Commission within 21 days of the date of this notice. Attached I7 to this notice is a copy of the procedures, right of representation and other rights of parties relating to the conduct of a hearing as required under ORS Y 183.413(2)." 20 21 Mr. Malmstrom did not request a hearing. The Commission, therefore, 22 finds Mr. Malmstrom to be in default and enters the following findings of fact, 23 conclusions of law and order, based on the files and records of the Commission 24 concerning this matter. 25 FINDINGS 0F FACT 26 1. Mr. Malmstrom holds a Restricted Transitional Teaching License issued August 27, 27 2002, valid through August 27, 2005, with Health Education and Physical Education 28 endorsements. 29 2. Mr. Malmstrom was employed as a health/PE teacher and coach by the South Lane 30 School District for the years 2002-2003 and 2003-2004. Mr. Malmstrom resigned his teaching 31 position effective the end of the 2003-2004 school year. ' PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION — KODIAK JACK MALMSTROM 1 3. On July 29, 2004, the Commission adopted a Stipulation of Facts, Order of .2 Reprimand and Probation. The Commission imposed a three-year probation which required bi- 3 annual reports of compliant with an alcohol treatment plan. 4 4. On or before January 1, 2005, Mr. Malmstrom failed to make a report to the 5 Executive Director of his compliance with his treatment plan pursuant to the Stipulation of Facts 6 and Order of Probation adopted by the Commission on July 29, 2004. 7 CONCLUSIONS OF LAW 8 Kodiak Jack Malmstrom violated terms and conditions of an Order of Reprimand and 9 Probation adopted by the Commission on JuIy 29, 2004, in violation of OAR 584-020- 10 0040(4)(k). This behavior constitutes Gross Neglect of Duty. The Commission's authority to 11 impose discipline in this matter is based upon ORS 342.175. 12 ORDER 13 The Commission hereby revokes the Restricted Transitional Teaching License issued to . Kodiak Jack Malmstrom. 15 IT IS SO ORDERED this 2 day of August, 2005. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 f x 18 BYWZZWZMMLL 19 rctoria Cham ain, Executive Director 2(1) NOTICE OF APPEAL OR RIGHTS Z YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 24 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 25 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 26 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE 2 — DEFAULT ORDER OF LICENSE REVOCATION — KODIAK JACK MALMSTROM 1 CERTIFICATE OF MAILING 7 ' I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified MaiI—Return Receipt Requested, addressed 5 to: 6 7 Kodiak Jack Malmstrom 8 1944 Sams Loop Apt 2 9 Bend Ore on 97701 ,0 gt‘? g 11 Dated this day of September, 2005. 12 13 14 15 By: ' 16 Mel dy Hans xecutive Assistant ’ PAGE 1 — CERTIFICATE OF MAILING — KODIAK JACK MALMSTROM 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ 2 OF THE STATE OF OREGON i 3 In the Matter of the ) ORDER OF LICENSE REINSTATEMENT ‘ 4 Teaching License of: ) . 5 KODIAK JACK MALMSTROM ) 1 3 I ‘ 8 This matter came before the Commission on August 6, 2010, to consider Kodiak Jack 9 Malmstrom’s request to reinstate his Restricted Transitional Teaching license that was revoked 10 on August 9, 2005, and reinstate Malmstrom’s right to apply for any other license he may be 11 qualified and eligible to apply for. Kodiak Jack Malmstrom is eligible for reinstatement under the 12 Commission's rules. 13 Whereas Kodiak Jack Malmstrom has complied with all conditions for reinstatement 14 required by the Commission: 15 Now therefore, the Commission orders that Malmstrom’s Restricted Transitional 16 Teaching license and right to apply for a license is reinstated effective August 6, 2010. 17 Issued and dated this Eday of November, 2012. 18 TEACHER STANDARDS AND PRACTICES COMMISSION 19 STATE OF 0 ' EGON 20 I 2» 21 By ,Ml//' [441/ 22 ctoria Ch n- flain, Executive Director 23 Page 1 — RE-INSTATEMENT ORDER — MALMSTROM, KODIAK JACK