1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
Q OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS
4 Teaching License of ) AND
g Michael Keith Wellens ) ORDER OF REPRIMAND
7 On or about January 28, 2004, the Teacher Standards and Practices
8 Commission (Commission) received a report from John Nesemann, Superintendent of
9 Wallowa Public Schools, indicating that Michael Keith Wellens violated Standards for
1O Competent and Ethical Performance of Oregon Educators.
11 Mr. Wellens fully cooperated with the Commission’s investigation. After review of
12 the matters alleged, Mr. Wellens and the Executive Director agree that their respective
13 interests, together with the public interests, are best served by a stipulation to certain
' facts and a reprimand.
15 This Order sets forth the facts upon which the parties have agreed and to the
16 sanction to be imposed. Mr. Wellens stipulates that there are sufficient facts contained
17 in the Commission’s files and records to support the findings of fact and conclusions of
18 law set forth below. In entering into this stipulation, Mr. Wellens waives the right to a
19 hearing to contest the findings of fact, conclusion of law and order set forth below.
20 The stipulation is contingent upon approval and adoption of the Order by the
21 Commission. If the Commission does not adopt this Order, neither Mr. Wellens nor the
22 Commission are bound by these stipulations and Mr. Wellens retains all rights to a
23 hearing on the allegations.
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1 STIPULATION OF FACTS AND ORDER OF REPRIMAND - MICHAEL KEITH WELLENS

1 STIPULATION OF FACTS

Q 1. The Commission has licensed Michael Keith Wellens since August 1, 1997.
3 Mr. Wellens currently holds a Standard Teaching License valid May 9, 2000, through
4 August 4, 2005.

5 2. During the period of August 2003, through February 2004, Mr. Wellens
6 instructed students in the Wallowa Public Schools in shop and basic carpentry.
7 3. During the period of August 2003, through February 2004, Mr. Wellens
8 employed a student to work in his carpentry business after school hours and on the
9 week-ends.

10 4. During the period of August 2003, through February 2004, Mr. Wellens

11 consumed alcohol with a student who worked after school for his carpentry business
2 while the student's father was present and with his permission.

é 5. That Michael Keith Wellens, a licensed general contractor, licensed as an
14 exempt contractor by the Oregon Construction Contractors Board, violated Oregon
15 Administrative Rules by employing others to work in his construction business. At the
16 same time, Mr. Wellens violated Oregon Labor Laws and Workers Compensation Laws
17 by failing to provide insurance to the student worker.

18 6. Mr. Wellens has since registered as a non-exempt contractor and holds a

19 valid license through the Oregon Construction Contractors Board and has filed correct

20 documentation with the Oregon Labor Commission and is in compliance with all

21 regulatory agencies related t0 the construction business.

22 CONCLUSION OF LAW

23 Based on the facts set forth above it appears that Mr. Wellens’ behavior during
Q the period of August 2003, through February 2004, constitutes gross neglect of duty

2 STIPULATION OF FACTS AND ORDER OF REPRIMAND _ MICHAEL KEITH WELLENS

1 pursuant to OAR 584-020-0040(4)(o) and 584-020-0040(5)(e), specifically in violation of
Q OAR 584-020-035(1)(b) and (3)(a). Michael Keith Wellens exploited the professional

3 relationship of a student for personal gain and failed to maintain the professional dignity

4 of the teaching profession by failing to obey the laws of the Oregon Construction

5 Contractors Board and the Oregon Labor Commission.

6 IT IS S ’STIPUI,ATED:

/. /
7 - / "Z L _, jaflé
8 Mic. I Keith W ens Date
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9 / f Mix/{4 . . (U4 J / {/6
1O Victoria Cha rlain, Executive Director Date
11 Teacher Standards and Practices Commission
12 ORDER
13 The Commission imposes a Public Reprimand on Michael Keith Wellens. This

. Stipulation of Facts and Order constitutes the Reprimand
Mam/‘K (5)00]:
15 IT IS SO ORDERED this /0 day of AM. k1’
16 TEACHER STANDARDS AND PRACTICES COMMISSION
17 Z éé f2 g 2 é 2 \
18 B 7
19 Victoria ham in, Executive Director
20 Appr ve : ‘(1(0‘
21
22 Ralph ser O # 81423
23 Attorney for Michael Keith Wellens [0317051
24
3 STIPULATION OF FACTS AND ORDER OF REPRIMAND - MICHAEL KEITH WELLENS