i a {I
BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE 0F OREGON
3 In the Matter of the . )
4 Teaching License of ) STIPULATION OF FACTS,
5 KERRY MARK SMITH ) SURRENDER, AND
6 ) ORDER OF REVOCATION
7 On or about June 27, 2002, the Teacher Standards and Practices Commission
8 (Commission) received a report from Kathleen Hering, Human Resources Director of
9 Albany Public School District, indicating that Kerry Mark Smith (Smith) was arrested on
10 June 22, 2002, on charges of sexual abuse in the third degree, contributing to the
11 sexual delinquency of a minor, and sexual misconduct.
12 After review of the matters alleged, Mr. Smith and the Commission agree that
13 their respective interests, together with the public interest, are best served by a
.4 stipulation to certain facts and surrender of his teaching license pursuant to OAR 584-
15 050-0027.
16 This Order sets forth the facts upon which the parties have agreed and the
17 sanction to be imposed. Mr. Smith stipulates that there are sufficient facts contained in
18 the Commission's files and records to support the findings of fact and conclusions of law
19 set forth below. In entering into this stipulation, Mr. Smith waives the right to a hearing
20 to contest the finding of fact, conclusion of law and order set forth below. Mr. Smith
21 understands that the Commission will revoke his teaching license.
22 This stipulation is contingent upon approval and adoption of the Order by the
23 Commission. If the Commission does not adopt this Order, neither Mr. Smith nor the
24 Commission are bound by these Stipulations and Mr. Smith retains all rights to a .
.3 hearing on the allegations. I
Page 1 STIPULATION OF FACTS, SURRENDER, AND ORDER OF REVOCATION — KERRY SMITH

. STIPULATION OF FACTS
2 1. Mr. Smith holds a Standard Teaching License issued January 6, 1997, valid
3 until December 21, 2002, and an Initial Administrative License issued August 31, 2000,
4 valid until December 21, 2003.
5 2. Mr. Smith was employed by the Albany Public School District as a teacher
6 beginning in August of 1992 until his resignation effective June 13, 2002.
7 3. On September 25, 2002, Mr. Smith was convicted in Linn County Circuit Court
8 of two counts of Sexual Abuse lll, ORS 163.415.
9 4. The conviction listed above was the result of Mr. Smith’s relationship with a
10 17-year old female student.
11 IT IS SO STIPULATED:
o 5,iWCW QM”; m2
14 Ke Mark Smith Date
12 ‘ %5Mll/m .l a a!‘ M
17 Victoria Chavrlain, Execu ve Director Date
18 Teacher Standards and Practices Commission
19 CONCLUSIONS OF LAW
20 Kerry Mark Smith was convicted of two counts of Sexual Abuse Ill, ORS
21 163.415. The Commission is required pursuant to ORS 342.143(3) and OAR 584-020-
22 0040(1) to revoke Mr. Smith’s Iicensure.
23 l/l
24 ll/
25 l l/
O
Page 2 STIPULATION OF FACTS, SURRENDER, AND ORDER 0F REVOCATION - KERRY SMITH

' ORDER
2 The Commission accepts the surrender of Kerry Mark Smith’s Standard
3 Teaching License and Initial Administrator License and hereby revokes said Iicensure
4 pursuant to ORS 342.143(3).
5 IT IS SO ORDERED this a day of October, 2002
6 TEACHER STANDARDS AND PRACTICES COMMISSION
7
8 By: ¢ M
9 toria Chambe ain, Executive Director
10
11 Approved as to . ..-
12 "9
. Q— so \5 \ / 2 o0 9‘
Pom“ - [0927021
15 Attorney for Kerry Mark Smith
Page 3 STIPULATION OF FACTS, SURRENDER, AND ORDER OF REVOCATION - KERRY SMITH