i \\\\\\\\\\\\\\\\\ML\§\\}!E\\\\\\\\\\\\\\\ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND FINAL ORDER OF REVOCATION OF 5 ) RIGHT TO APPLY ; 6 CHARLES D. KLEA ) l 7 On July 16, 2012, the Teacher Standards and Practices Commission (Commission) 8 charged Charles D. Klea with Gross Neglect 0f Duty. Mr. Klea requested a hearing 0n July 25, 9 2012. 10 After review of the matters alleged, Mr. Klea and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts and the revocation of Mr. Klea’ s Standard Teaching License. Mr. Klea 13 denies the allegations, but stipulates that there is sufficient information contained in the ‘14 Commission’s files to support the stipulation of facts set forth below. 15 By signing below, Mr. Klea acknowledges, understands, stipulates, and agrees to the 16 following: (i) he has been fully advised 0f his rights to notice and a hearing to contest the 17 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 18 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 19 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 20 Stipulation 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 approval 22 and adoption by the Commission. If the Commission does not approve and adopt this 23 Stipulation and Final Order, then neither Mr. Klea nor the Commission are bound by the terms 24 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) 25 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and 26 consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no i 27 promises or representation has been made to induce him to sign this Stipulation and Final Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REVOCATION - CHARLES D. KLEA 1 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 2 and has been fully advised with regard to his rights thereto, or waives any and all rights to 3 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 4 entry of the Stipulated Final Order below. This Order sets forth the facts upon which the parties 5 have agreed and the sanction to be imposed. 6 STIPULATION OF FACTS 7 1. The Commission has licensed Mr. K1ea since August 31, 2007. Mr. Klea’s most 8 recently held a Three-Year Career and technical License issued on March 26, 2008, with 9 endorsements in Agriculture, Science and Technology, and Manufacturing Technology. 1 0 This license expired on March 26, 2011. During all relevant times Mr. Klea was 1 1 employed by the Port Orford-Langlois school district 1 2 2. On or about J anuarygfjfiglgfiea was told by the father of a female student that he 1 3 I was okay with Mr. Klea taking his daughter’s cell phone away if she used it during school 14 and he could “read it”. 15 3. On or about January 12, 2010, Mr. Klea met with the female student during after school 1 6 shop and asked her questions about alleged illegal sexual activity that her father 1 7 disclosed to him. I 1 8 4. On January 21, 2010, Mr. Klea took the female student's phone away from her during 1 9 class and read one of her text messages. Based on the content of that message, that same 20 day Mr. Klea called the student to his classroom and asked her questions about alleged 21 illegal drug use. 22 IT IS SO STIPULATED: g 23 l/ L, iv“ /&o?f/°Zfi/ ‘ 24 Chad: D Ide/ ‘ < Dat , 26 Victo ' . h W Executive Director Date 27 Teacher Standards and Practices Commission Page 2 STIPULATION OF FACTS AND FINAL ORDER 0F REVOCATION - CHARLES D. KLEA 1 CONCLUSION OF LAW 2 Charles Klea engaged in unprofessional conduct as described in paragraph 3 and 4 3 above. This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 4 584-020-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(1) (Recognize the worth and 5 dignity of all persons and respect for each individual); OAR 584-020-0010(5) (Use 6 professional judgment); OAR 584-020-0040(4)(0) as it incorporates OAR 584-020- 7 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 8 conversations at all times); and OAR 584-020-0035(1)(c)(A) (Not demonstrating or expressing 9 professionally inappropriate interest in a student’s personal life). 1O The Commission’s authority to impose discipline in this matter is based upon ORS 1 1 342.175 through 342.190 and the Standards for Competent and Ethical Performance of Oregon 12 Educators, OAR Chapter 584, Division 020. 1 3 ORDER 14 The Commission adopts and incorporates herein the above findings 0f fact, conclusions 15 0f law, and based thereon, hereby revokes Charles D. Klea’s right t0 apply for a teaching license. 16 IT IS SO ORDERED this Lit day of November, 2013. ‘ 17 TEACHER STANDARDS AND PRACTICES COMMISSION 19 By: "Lad/f 11011.21 / 20 ' 1ctoria Cha - - ".xecutive Director Page 3 STIPULATION 0F FACI'S AND FINAL ORDER 0F REVOCATION - CHARLES D. KLEA CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Revocation of Right to Apply, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Charles Douglas Klea 1122 W 56"‘ ST Indianapolis, IN 46228-1962 DATED this 3 r4 day of December, 2013. By: 1% I [V ty Liddell nvestigative Assistant g 1 CERTIFICATE OF MAILING — KLEA, CHARLES DOUGLAS