l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
‘2 OF THE STATE OF OREGON
3 In the Matter ofthe i Case No. 112661
Teaching License of
4 STIPULATION, SURRENDER OF
MARK PAUL ALLEN LICENSE AND ORDER OF REVOCATION
5 On August 25, 2003, the Superintendent of the Coos Bay School District reported to the
6 Teacher Standards and Practices Commission (Commission) that Mark Paul Allen may have
7 violated Commission standards by attempting to sell a school-owned musical instrument and
8 converting the proceeds from the sale to his own use.
9 Following a preliminary investigation, the Commission issued a Notice of Opportunity
10 for hearing t0 Mr. Allen on October 22, 2003. Mr. Allen requested a hearing. The Commission
ll filed an Amended Notice of Hearing on December 17, 2003.
.12 After a review of the matters alleged, Mr. Allen and the Commission have agreed that
j their respective interests together with the public interest, are best served by the stipulation set
14 forth below and to the surrender of Mr. Allen’s license under OAR 584-050-0027.
l 5 STIPULATION
16 Mr. Allen does not admit to the allegations contained in the Amended Notice of Hearing.
17 However, Mr. Allen stipulates that there is sufficient evidence in the record to support the
18 findings of fact and conclusions of law set forth in this Order. In entering into this stipulation,
19 Mr, Allen waives the right to a hearing to contest the findings of fact, conclusions of law and
20 order set forth below. Mr. Allen understands that the Commission will revoke his teaching
21 license‘ This stipulation and order is contingent upon approval and adoption by the Commission‘
Z If the Commission does not adopt this Order, neither Mr. Allen nor the Commission are bound
‘Agfil - BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF
OREGON
JGM:rdl\GEN12287,doc

.1 by the stipulation and Mr. Allen retains all right to a hearing to contest the allegations in the
2 Amended Notice.
3 It is so stipulated:
4
5 zllswt
Mark P u len Date
6
7 I‘ 4
, . t .r-y
'/1 midi/$41. v-_:_2i@_(___
8 Victoria Ch ~ r ain, Executive Director Date
Teacher Standards and Practices Commission
9
FINDINGS OF FACT
10
1. _ Mr. Allen holds a Standard Oregon Teaching License with a standard
11
endorsement in music. He has been employed as a music teacher and band instructor with the
12
. Coos Bay School District since 1993. He resigned his position with the district effective March
i 3
15, 2004.
14
2. Mr. Allen has previously been disciplined by the Commission. On August 2,
l5
2002, the Commission suspended Mr. Allen’s teaching license for five months based on findings
16
that Mr. Allen had converted to his personal use approximately $14,000 in funds belonging to
17
the South Coast Chapter of the Oregon Music Education Association. After Mr. Allen served the
18
suspension, the Commission reinstated his teaching license on December 9, 2002, and placed
19
him on probation for a period of three years. Mr. Allen has remained on probation up to this l
20 .
time.
21
3. In July of 2003, Mr. Allen was employed as a high school band instructor for the =
22
district at Marshfield High School. At that time, he negotiated the sale of a saxophone to parents
23
.age 2 — BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF
OREGON ‘
JGM:rdl\GEN12287.doc

1 of a former student at the high school. The saxophone was the property of the Coos Bay School
'2 District, and Mr. Allen had no authority t0 sell the instrument. Mr. Allen received part payment
3 of $800 from the parents in the form of a money order payable to Mark Allen. He negotiated the ‘
4 money order and converted the proceeds to his own use. 1
5 4. On about August 15, 2003, Mr. Allen provided a written statement to the school
6 district in which he denied receiving any money and denied receiving a money order from the I
7 parents for the saxophone.
8 CONCLUSIONS OF LAW I
l. 9 1. Mr. Allen negotiated the sale and received part payment for a saxophone that

10 belonged to the Coos Bay School District. This behavior was gross unfitness in violation of l

ll OAR 584-020-0040(5)(e). This conduct also violated Mr. Allen’s probation which required that

l2 he comply with all professional standards under OAR 584 Division O20.

Q 2. Mr. Allen made a knowing misrepresentation to his employer when he denied that

l4 he had received a money order or any payment from the parents of the former student. This

15 conduct constituted gross neglect of duty in violation of OAR 584-020-0040(4)(c). It also

16 constituted a violation of the terms of Mr. Allen’s probation which required that he comply with

17 all professional standards under OAR 584 Division 020. ,

l8 DISCUSSION

19 This is the second instance that the Commission is called upon to discipline Mr. Allen for

20 dishonesty directly related to his professional responsibilities. The Commission was probably

21 lenient in its previous order when it imposed a five month suspension. Other aggravating factors

22 are that Mr. Allen was on probation at the time of this offense and the fact that he was also

23

.ge 3 — BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF
OREGON
JGM:rdl\GEN12287.doc

l dishonest to his employer when he was confronted about his attempted sale of the musical
. 2 instrument.
3 Mr. Allen would have the right to apply for reinstatement of his license after at least one
4 year from the date of this Order. He would bear the burden to establish convincingly his fitness
5 for reinstatement.
6 ORDER
7 Oregon Teaching License of Mark Paul Allen is revoked.
8 IT IS SO ORDERED this ) day ole’ /[&¢/§ /1 , 2004
9 TEACHER STANDARDS AND PRACTICES COMMISSION
10 / \
ll By: We ‘4) gig/d; WM £24”
Victoria Chamb rla' , Executive Director
12
.3
14
15
l6
17
18
19
20
21
22
23
.ge 4 - BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF
OREGON
JGM:rd1\GENI2287.d0c