1 BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Application for ) STIPULATION OF FACTS 5 Teaching License of ) AND ORDER 6 KELLY LYNN HELTERBRAN ) OF PROBATION 7 l 8 9 On November 24, 1997, Kelly Lynn Helterbran applied for an Oregon Teaching License 10 based upon completion of a teacher education program at Northwest Nazarene College 11 in March 1995. In the application, Ms. Helterbran disclosed that she had been 12 convicted on a plea of “no contest" for Theft II in Washington County District Court 13 (Class A Misdemeanor). The Executive Director denied her application for licensure 14 based upon the conviction for Theft II and informed Ms. Helterbran of her opportunity 15 for hearing on the denial. Kelly Helterbran requested a hearing on the allegations, but 16 before a hearing date was set, the parties have agreed that their respective interests 17 and the interests of the State are best served by a Stipulation of Facts and Order of 18 Probation as set forth below. l9 ‘ STIPULATON OF FACTS 20 21 1. Kelly Lynn Helterbran completed a teacher education program at Northwest 22 Nazarene College in March 1995. She was recommended by the college for an 23 elementary endorsement. 24 , 25 2. On or about March 29, 1997, Hilterbran unlawfully and knowingly committed 26 theft of merchandise of a total value of $50 or more but under $750, property of 27 Fred Meyer, Inc. A misdemeanor complaint was issued by Deputy Assistant 28 Attorney for Washington County, Darryl D. Walker, on April 4, 1997. 29 30 3. Helterbran plead "no contest" to the charge of Theft II and was sentenced to 31 fines, community service and attendance at "Theft Talk." Helterbran has met 32 the conditions imposed by the court. 33 34 4. Helterbran stated in her explanation of the arrest and conviction, "I have 35 learned from this experience and know what I did was immoral and am 36 ashamed. However, I realize I can move on and continue to learn from the 37 incident. " 38 39 In entering this Stipulation, Kelly Lynn Helterbran understands that the Commission 40 will place her on probation for a period of two years from the date of the Order. This 41 Stipulation and Proposed Order are contingent upon approval by the full Commission. 42 It is understood that the statements contained in this Stipulation may not be used by 43 either party for any reason if the Commission fails to approve this Stipulation and 44 Proposed Order. 45 PAGE PM STIPULATION AND ORDER-KELLY LYNN HELTERBRAN 1 IT IS SO STIPULATED: 2 I 3 4 4 1/ ‘ - I - . 5 f/ , _ 1/ , . gasgg 6 elly L n Helterbran Date 7 8 ' . 9 C ‘ I fr 10 7 AMA/t M/VW ‘mi’ L//"‘z f 57 11 David V. Myton, Execu 've Director Dat 12 Teacher Standards and Practices Commission l3 14 OPINION 15 16 By committing the act of Misdemeanor Theft, Kelly Lynn Helterbran raised serious 17 concerns about her fitness to serve as an educator. Parents and the public expect 18 educators to serve as good role models as law-abiding citizens. The Commission 19 concludes that a comparatively lenient sanction is appropriate in this case because 20 the applicant has no other convictions and has met the requirements of the court 21 imposed judgment for the Class A Misdemeanor. 22 23 ULTIMATE FINDINGS OF FACT 24 ' 25 On April 11, 1997, Kelly Lynn Helterbran plead "no contest" to the charge of Theft II (a 26 Class A Misdemeanor). 27 . 28 CONCLUSIONS OF LAW 29 30 ORS 342. 143 authorizes the Teacher Standards and Practices Commission to deny a 31 license when an educator is convicted for a crime. ORS 670.280 requires the 32 Commission to consider the relationship of the conviction to fitness to serve as an 33 educator. 34 35 ORDER 36 37 The Commission authorizes the issuance of a Basic Teaching License with an 38 elementary endorsement to Kelly Lynn Helterbran if she is otherwise qualified, and 39 shall place her on probation for a period of two years from the date of this Order for 40 conviction of Theft II on April 1 l, 1997. During this period of probation Helterbran 41 shall conduct herself as a law abiding citizen. 42 43 fl #2. /\ 0 l 44 Dated this Z 4' day of % 1'"? , 1998 45 46 TEACHER STANDARDS AND PRACTICES COMMISSION 47 48 (g 49 ‘MAK/ flufi-e 50 By ‘ ‘ é ' '51 David V. Myton, xecutive Director 52 DVM / cs PAGE 2—Pw STIPULATION AND ORDER—KELLY LYNN HELTERBRAN 1 ' 2 CERTIFICATE OF MAILING 3 4 5 I hereby certify that I served the foregoing order by mailing a true copy thereof certified 6 by me as such by U. S. First Class Mail and U.S. Certified Mail with Return Receipt 7 Requested to: 8 9 Kelly Lynn Helterbran 10 9301 SW Sagert Street #222 l1 Tualatin, OR 97062 12 l3 _ f6 14 Dated this [f T day of é’ 2 Kégg , 1998 15 l6 17 //) _) , / 18 g1 1&ng ,4 i’ QJY/ K ‘ 19 By ' A , . , 1051/ 20 C arlene A. Smith " 21 Executive Assistant to the Commission PAGE 3-“ STIPULATION AND ORDER-KELLY LYNN HELTERBRAN