BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE 0F OREGON
In the Matter of the ) STIPULATION OF FACTS,
_ Teaching License of ) AND HNAL ORDER

MARK PHILLIP LYNCH ) OF REPRIMAND

0n March 4, 2010, the Teacher Standards and Practices Commission (Commission)
received a report from the North Clackamas School District, indicating that Mark Phillip Lynch
(Lynch) used district resources for personal financial gain.

After review of the matters alleged, Mr. Lynch and the Commission agree that their
respective interests, together with the public interest, are best served by a stipulation to certain
facts and imposition of a Public Reprimand on his teaching license.

This document sets forth the facts upon which the parties have agreed and the stipulated
sanction to be imposed. Mr. Lynch stipulates that there is sufficient evidence in the I
Oonunission’s files and records to support the findings of fact, conclusions of law, and order set
forth below.

By signing below, Lynch acknowledges, understands, stipulates, and agrees to the '
following: (i) he has been fully advised of his rights to notice and a hearing to contest the
findings of fact, conclusions of law, and order set forth below, and fully and finally waives all I
such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Order of
Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public
document and disclosed to the public upon request by the Commission; (iii) this Stipulation and
Final Order is contingent upon and subject to approval and adoption by the Commission. If the
Commission does not approve and adopt this Stipulation and Final Order, then neither Lynch -
nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation and '
Final Order, and understands it completely; (v) he voluntarily, without any force or duress,
enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated i
Final Order below; (vi) he states that no promises or representation has been made to induce
him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney
regarding this Stipulation and Final Order and has been fully advised with regard to his rights ‘
thereto, or waives any and all rights to consult with an attorney prior to entering into this
Stipulation and Final Order and issuance and entry of the Stipulated Fina] Order below. This
stipulation is contingent upon approval and adoption of the Order by the Commission. If the ‘
Commission does not adopt this Order, neither Lynch nor the Commission are bound by these
Stipulations and Lynch retains all rights to a hearing on the allegations. .
FINAL ORDER OF REPRIMAND — LYNCH, MARK PHILLIP _

STIPULATION 0F FACTS

1. The Commission has licensed Lynch since September 6, 2001. Lynch currently holds a Five-

Year Career and Technical Teaching License, with an Engineer and Manufacturing

Technology endorsement, valid from February 12, 2008 to March 27, 2010. Lynch timely

applied for renewal of his license. During all relevant times, Lynch was employed by the .

North Clackamas School District.
2. On January 29, 2010, Lynch used district time and resources to repair a staff member’s car.

Students had started the work on the car earlier in the week and the staff member wanted it

completed for the weekend. Lynch agreed to help complete the repair and was compensated

$70 for the work. '
3. During Lynch’s interview with a Commission investigator, he stated that the auto shop

teacher approached him to do the work and that he conducted the work alter his

administrative duties were done for the day. It was a non-student day. Dining the district

investigation into this matter witnesses related that Lynch sought the auto work and

complained of being short of money. The district also noted that Lynch conducted the work

on the automobile during the work day, between 8am and 11am.
ITIse:uri.»nD-/// '

a; ML
Ma W u ’ / _ Date

[i 1.4%__.'1//// L11 A é "/Q'” __
Victoria Chamberlain, Executive Director Date
Teacher Standards and Practices Commission
CONCLUSION OF LAW
Mark Phillip Lynch used district equipment in furtherance of personal financial gain.
This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
oo40(4)(n) as it incorporates OAR 584-020-001o(5) (Use 0f professional judgment), OAR 584-
020~oo25(2)(d) (Using district lawful and reasonable rules and regulations); OAR 584-
020004o(4)(o) as it incorporates OAR 584-020-0035(2)(d) (Accept no gratuities or gifis of
significance that could influence judgment in the exercise of professional duties), and OAR 584—
020-0035(2)(e) (Not use the district's or school's name, property, or resources for non-
educotional benefit or purposes without approval of the educator's supervisor or the
appointing authority). V
Lynch’s explanation of these events did not match the results of the district and g

Commission investigation. This conduct constitutes gross neglect of duty in violation of ORS .
FINAL ORDER OF REPRIMAND — LYNCH, MARK PHILLIP

342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use of
professional judgment), and OAR 584-020-oo4o(4.)(c) (Knowing falsification of any document
or knowing misrepresentation directly related to licensure, employment, or professional
duties). '
The Commission’s authority to impose discipline in this matter is based upon ORS >
342-175-
ORDER
The Commission adopts and incorporates herein the above findings of fact and
conclusion of law, based thereon, hereby imposes a Public Reprimand on the Teaching License
of Mark Phillip Lynch. i
I'I‘ IS SO ORDERED this Lflrhry of May, 2011.
TEACHER STANDARDS AND PRACTICES COMMISSION
ctoria Ch utive Director
FINAL ORDER OF REPRIMAND —- LYNCH, MARK PHILLIP