1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) IMPOSITION OF 6 WALLACE GENE HARP ) PUBLIC REPRIMAND 7 8 On March 19, 2009, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Wallace Gene Harp (Harp) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 11 First Class Mail and U.S. Certified Mail Receipt 7006 2760 0000 1638 5865 to the address on 12 file with the Commission. The Notice of Opportunity of Hearing, dated March 19, 2009, and 13 signed by Victoria Chamberlain, Executive Director, stated: 14 "You, Wallace G. Harp, are entitled to a hearing on the proposed action of the 15 Commission. If you want a hearing, you must file a written request for a hearing 16 with the Commission within 21 days of the date of this notice. Attached to this 17 notice is a copy of the procedures, right of representation and other rights of 18 parties relating to the conduct of a hearing as required under ORS 183.413(2)." 2g Certified Mail receipts show that Harp received the notice on March 20, 2009. 21 Harp did not request a hearing. The Commission, therefore, finds Mr. Harp to be in 22 default and enters the following findings of fact, conclusions of Iaw and order, based on 23 the files and records of the Commission concerning this matter. 24 FINDINGS 0F FACT 25 1. The Commission has licensed Mr. Harp since July 1, 1973. Mr. Harp currently holds a 26 Standard Administrative License valid March 7, 2006 through March 6, 2011, with a 27 Standard Administrative endorsement. ’ 28 2. During the period of approximately January 2005 to June 2005, while employed as the 29 principal of St. Mary's Cathedral School, Harp stuck already chewed gum on the 3O vehicles driven to school by teacher Liane Rae. This activity occurred on many 31 occasions and upset Ms. Rae, who became upset by this conduct thinking students were 32 targeting her vehicles. PAGE 1 - DEFAULT ORDER OF IMPOSITION OF PUBLIC REPRIMAND - WALLACE HARP 1 3. Mr. Harp continued to place gum on the vehicles after Ms. Rae sought his assistance in 2 the matter. Mr. Harp announced his conduct at a faculty luncheon as a humorous 3 anecdote. 4 CONCLUSIONS OF LAW 2 Wallace Harp’s conduct toward Ms. Rae constitutes gross neglect of duty in violation of 7 ORS 342.175(1)(b); OAR 584-020-0040(4)(o) (Substantial deviation from professional 8 standards of ethics) as it incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the 9 profession by respecting and obeying the law, exemplifying personal integrity and honesty). Mr. 10 Harp’s conduct also constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 11 584-020-0040(4)(n) (Substantial deviation from professional standards of competency) as it 12 incorporates OAR 584-020-001 0( 1) (Recognize the worth and dignity of all persons and respect 13 for each individual). The Commission has the authority to impose discipline in this matter under 14 ORS 342.120 through 342.430 and OAR Chapter 584. 15 FINAL ORDER 16 The Commission adopts and incorporates herein the above findings of facts and 17 conclusions of law, and based thereon, hereby imposed a Public Reprimand on the Standard 18 Administrative License issued to Wallace Gene Harp. Lilo 19 Issued and dated this day of February, 2010. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 23 B : WM 24 Victoria in, Executive Director 25 NOTICE OF APPEAL OR RIGHTS 26 27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 28 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 29 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 30 183.482 TO THE OREGON COURT OF APPEALS. PAGE 2 - DEFAULT ORDER OF IMPOSITION OF PUBLIC REPRIMAND — WALLACE HARP 1 CERTIFICATE 0F MAILING 2 3 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by U.S. First Class Mail to the Attorney of record for Bruce Edward Jordan: 5 6 Wallace Gene Harp 7 1400 NW 113th Ave. s 1 Portland OR 97229 . 9 )1 10 Dated this 22/ day of March 2010. 11 12 13 14 By: 15 Mel dy Ha , xecutive Assistant PAGE 1 — CERTIFICATE OF MAILING — WALLACE GENE HARP