1 NOTICE OF OPPORTUNITY FOR HEARING .2 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 3 OF THE STATE OF OREGON 4 In the Matter of the I Teaching License of 5 DEFAULT ORDER DAVID WILLIAM KROM 6 7 On June 9, 2006, the Oregon Teacher Standards and Practices Commission 8 (Commission) issued a Notice of Opportunity for Hearing to David William Krom in which the 9 Commission proposed to revoke the teaching license of Mr. Krom or otherwise impose discipline 10 under ORS 342.177 based on allegations that Mr. Krorn falsified his application for an educator 11 license. On June 10, 2006, Mr. Krom requested a hearing on this matter. A hearing was 12 ' scheduled through the Office of Administrative hearings for February 16, 2007. Mr. Krorn was 3 notified of the hearing date on November 30, 2006, Mr. Krom did not appear for hearing as 14 scheduled, and did not request a continuance of the scheduled hearing. The Commission 15 therefore finds Mr. Krorn to be in default, and based on the record in this case, enters the 16 findings, conclusions of law and order set forth below. 17 FINDINGS OF FACT 18 1. On March 28, 1993, Mr. Krom signed and submitted an Application for Educator 19 License Form C-l upon which he responded “No” to the question, “Have you ever been 20 1 convicted of a felony, misdemeanor. . .?, and “No” to the question “Have you ever pled Nolo 21 Contendere relative to any charge of misdemeanor, felony or major traffic violation?” 22 2. Mr. Krom’s reponses were false. On October 24, 1985, Mr. Krom was convicted of 23 ‘ Theft in the Circuit Court of Cook County, Illinois. Page 1 - DEFAULT ORDER RRIkhS \GEN290448.DOC Department ofJustice 1162 Court Street NE Salem, OR 97310 (503) 378-6003 1 3. On March 30, 2000, Mr. Krom signed an Application for Educator License Form C-l ‘2 upon which he responded “no” to the question, “Have you ever been denied a professional 3 license for which you applied... for any alleged misconduct or alleged violation of professional 4 standards of conduct?” 5 4. On July 27, 2002, Mr‘ Krom signed and submitted an Application for Educator 6 License Form C-1, upon which he responded “no” to the question, “Have you ever been denied a 7 professional license for which you applied... for any alleged misconduct or alleged violation of 8 professional standards of conduct?” 9 5. On February 6, 2006, Mr. Krom signed and submitted an Application for Educator 10 License Form C-l, upon which he responded “no” t0 the question, “Have you ever been denied a 11 professional license for which you applied... for any alleged misconduct or alleged violation of 12 professional standards of conduct?” .3 6. Mr. Krom’s responses from March 30, 2000, July 27, 2002, and February 6, 2006 14 indicated above were false. On July 28, 1994, Mr. Krom’s application for a Washington State 15 Teaching Certificate was denied because he falsified his application with regards to his criminal 16 history. 17 7. On July 27, 2002, Mr. Krom signed and submitted an Application for Educator License 18 Form C-l, upon which he responded “no” to the question, “Have you ever been arrested or cited i l9 for any offense listed in question (8) above which is still pending in the court?” 20 8. Mr. Krom’s response was false. Mr. Krom failed to report criminal charges of 21 Coercion, Assault IV and Menacing that were still pending in the Multnomah County Circuit 22 Court. 23 C Page 2 - DEFAULT ORDER RR:khs \GEN290448DOC 1132;118:321 Sf, xterm; $2135‘; §’7'§_233§° 1 .2 9. On February 6, 2006, Mr. Krom answered “yes” to the question “Have you ever been 3 convicted of a felony, misdemeanor. . .?, and “yes” to the question “Have you ever pled Nolo 4 Contendere relative to any charge of misdemeanor, felony or major traffic violation?”. Mr. 5 Krom disclosed his conviction from 1984, but failed t0 disclose on his Application for Educator 6 License that he was convicted following a no contest plea on August 16, 2002, for Coercion and 7 Assault IV in the Multnomah County Circuit Court. 8 . 9 CONCLUSION OF LAW 10 l. Based on the above Findings of Fact, Mr. Krom made false statements on his 11 applications for an educator license indicated above. Each false statement establishes an 12 independent basis for denial of licensure pursuant to ORS 342.143(2); ORS 342.175 to 342.190; ‘3 and OAR 584-050-0006(1) and OAR 584-020-0040(4)(c). 14 2. Based on the Findings of F act above, Mr. Krom was convicted in 1985 for Thefi in 15 Cook County Illinois, Coercion and Assault IV in 2002 in Multnomah County, Oregon. 16 Conviction of a crime establishes a basis for denial or an educator license under ORS 342.175(a) 17 and OAR 584-020-0040(5)(c). Each conviction establishes an independent basis for denial of a l8 license. l9 /// 20 /// 21 /// 22 /// 23 /// O Page 3 - DEFAULT ORDER RRZkhs \GEN290448DOC Eggs: £2:ch 82a 22213;" l ORDER .2 The Commission hereby denies the application of David William Krom for a substitute 3 teaching license. 4 DATED thiséf day of March, 2007. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 7 By: 1 2%‘ %&ZZM Victoria ' , Executive Director 8 9 NOTICE OF RIGHT T0 APPEAL 10 You are entitled to judicial review of this Order in accordance with ORS 183.480 to 183.482. You may request judicial review by filing a petition for review with the Oregon Court 11 of Appeals in Salem, Oregon, within sixty (60) days from the date of this Order. l2 . Q, 14 15 16 l7 18 19 20 ‘ 21 22 23 Page 4 - DEFAULT ORDER RRZkhS \GEN290448.DOC Department ofJustice l 162 Coun Street NE Salem, OR 97310 (503) 3738003