- 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 ' or'rna STATE OF OREGON 3 In the Matter of the ) S'l'IPULATlON OF FACIS AND 4 Teaching License of ) FINAL ORDER OF REPRIMAND g MICHAEL LYNN CARPENTER ) AND PROBATION 7 0n or about September u, 2009 the Teacher Standards and Practices 8 Commission (Commission) received a report from the North Wasco County School 9 District, stating that Michael Lynn Carpenter (Carpenter) made a fraudulent 10 representation regarding a student record. 1 1 After review of the matters alleged, Carpenter and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 13 stipulation to certain facts and the imposition of a Public Reprimand and four year 14 Probation. 15 By signing below, Carpenter acknowledges, understands, stipulates, and agrees to 16 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 1 7 the findings of fact, conclusions of law, and order set forth below, and fully and finally 18 waives all such lights and any rights to appeal or otherwise challenge this Stipulation of 19 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 20 and Final Order is a public document and disclosed to the public upon request by the 21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 22 approval and adoption by the Commission. If the Commission does not approve and 23 adopt this Stipulation and Final Order, then neither Carpenter nor the Commission are 24 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 25 understands it completely; (v) he voluntarily, without any force or duress, enters into 26 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 27 Final Order below; (vi) he states that no promise or representation has been made to 28 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 29 attorney regarding this Stipulation and Final Order and has been fully advised with 30 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 31 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 32 Final Order below. 33 /// a 34 / / / 35 / / / Page 1 STIPULATION 0F FACTS AND ORDER OF REPRIMAND AND PROBATION —CARPENTER 1 STIPULATION OF FACTS 2 1. The Commission has licensed Carpenter since August 12, 1977. Carpenter's 3 current Standard Personnel Service License, with a Standard Counselor 4 endorsement, issued on April 16, 2006, is valid until April 15, 2011. During all 5 relevant times, Carpenter was employed by the North Wasco County School 6 District. 7 2. 0n August 3, 2009 Carpenter sent a letter to the NCAA Eligibility Center. The 8 letter falsely indicated that an independent study course a student from the North 9 Wasco County School District took was in fact a World Literature (English) 10 course. Carpenter sent this letter in order to help a former graduate maintain his 1 1 eligibility to play golf at the university level. Carpenter also told the student to 12 state hetookthe English course 11111 CAAasked him about it. 13 rr SQSI'IPULA': / I 14 _ ‘it "1' I 15 ,11 a. . _ a.‘ l Oi 1? 951W , l / . Date 1 my” 'éV/lr 14.4 1 r I 4. LL, 19 ' 1 1 ajCham - = 'ain Executive Director Date 20 TeacherlStan - ds and Practices Commission 1 21 ‘ CONCLUSION OF LAW 22 Michael Lynn Carpenter. This conduct constitutes gross neglect of duty in 23 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 24 can-0010(5) (Use professional judgment), OAR 584-020-0025(2)(c) (Using and 25 maintaining student records as required by federal and state law and district policies 26 and procedures), and OAR 584-020-0040(4)(c)(Kn0wing falsification of any document 27 or lmowi'ng misrepresentation directly related to licensure, employment, or l 28 professional duties). 29 The Commission's authority to impose discipline in this matter is based upon 1 30 ORS 343.175. 31 /// 32 / / / l Page 2 STIPUlATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION —CARPENTER l l l 1 ORDER 2 Based oi the foregoing, the Commission hereby orders as follows: 3 1. hifichael Lynn Carpenter is hereby reprimanded 4 2. lT'lichael Lynn Carpenter is hereby placed on probation for a period of four (4) 5 pears from the date this order is signed subject to the following conditions: 6 ‘ a. Mr. Carpenter will adhere to Commission and district rules related to 7 i handling student information. 8 ‘ b. Mr. Carpenter shall comply with the Standards for Competent and Ethical 9 ‘ Performance of Oregon Educators under Oregon Administrative Rules 1 0 Chapter 584, Division 020. 1 1 Violation of any term or condition of probation shall constitute an independent basis 12 for the Commission to revoke Mr. Carpenter's teaching license, revoke his right to 13 apply for a license, or otherwise impose discipline, after first providing Mr. Carpenter 14 with notice and opportunity for hearing. 1 5 Issued and dated this M day of May, 2011. 1 6 TEACHER STANDARDS AND PRACTICES COMMISSION 1 7 STATE OF OREGON 1a ,./ / ‘ 20 1ctoria Ch- ~47 ecutive Director Page a STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBAnoN —CARPENTER