1 STATE OF OREGON

2 TEACHER STANDARDS AND PRACTICES COMMISSION

3 In the_Matter of the )

Teachlng License of ) FINDINGS OF FACT, ULTIMATE

4 DAVID RICHARD CROY ) FINDINGS OF FACT, CONCLUSIONS OF

5 ) LAW, OPINION AND PROPOSED ORDER

6

7 On April 2, 1997, the Teacher Standards and Practices Commission (the

8 “Commission") issued a Notice of Opportunity for Hearing to David Richard Croy,

9 proposing to deny his Substitute Teaching License or otherwise impose discipline 1
10 under ORS 342.177. On April 18, 1997, Mr. Croy requested a hearing, and a 3
11 hearing was held on July 16, 1997, before a panel of three commissioners, Toby
12 Clauson, Chairperson, Meredith Brodsky, and Patrick Pullam. Mr. Croy appeared
13 personally and represented himself. The Commission was represented by Assistant
14 Attorney General Kelly Gabliks. The hearing was conducted as a contested case

é‘ 1 15 hearing and was mechanically tape recorded.
16 The panel heard testimony from Mr. Croy and Detective Frank Jolly. The
17 following exhibits were received into evidence without objection:
18 TSPC Exhibits:
19 1. Notice of Opportunity for Hearing dated April 3, 1997.
20 2. Letter from Mr. Croy dated April 18, 1997 requesting a hearing.
3. Mr. Croy’s Aplplication for License Authorizing Public School Service
21 Form C-1 date December 12, 1996.
22 4. Statement from Mr. Croy dated 2/21/97.
23 5. Mr. Croy’s Judgment of Conviction and Sentence for Attempted Theft in
24 the First Degree. .
6. Portland State University/Portland Police Bureau Incident Relport for
25 theft of computers and equipment dated 8/1/95 and attached 1st of the
26 stolen equipment and estlmated value.
PAGE 1 - FINDINGS OF FACT/OPINION AND ORDER
DEPARTMENT OF JUSTICE
1162 Court Street N.E.
Salem. Oregon 97310
(503)378-4620

1
‘ 7. Portland Police Bureau Special Report by Detective Frank Jolly on the

2 8/1/95 incident.

3

4 FINDINGS OF FACT

5 1. David Croy completed a teacher education program at Concordia University in

6 Portland, Oregon in December 1996.

7 2. On or about December 30, 1996, Mr. Croy made application for an Oregon

8 Basic Teaching License endorsed for elementary education. On the application,

9 Mr. Croy indicated "yes" on Character Questions 8, 9 and 10 regarding
10 conviction for a felony or misdemeanor.
11 3. On or about August 27, 1995, several Apple computers were offered for sale in
12 the Oregonian, listing Mr. Croy’s home phone number. These computers were
13 stolen from Portland State University on or about August 1, 1995 and were
14 valued at over $3,000.

’ 15 4. Mr. Croy was convicted of Attempted Theft in the First Degree on November
22, 1995.

16

17 5. Mr. Croy was placed on probation for two years, ordered to perform 160 hours
18 of community service and provide restitution to Portland State University.

19 6. When asked by TSPC to explain his conviction, Mr. Croy asserted that he was
20 arrested in the process of helping a friend move. He never offered this
21 explanation to the police officers conducting the investigation into the computer
22 thefts, nor to his family when they asked how he came into possession of the
23 computers. Instead, he offered several other versions of this story, including
24 that he had purchased the computers in an auction and from a stranger named
25 "John." Mr. Croy admitted during the hearing that all of these stories were

untrue.
26
.PAGE 2 - FINDINGS OF FACT/OPINION AND ORDER
DEPARTMENT OF JUSTICE
1162 Cour! Street N.E.
Salem, Oregon 97310
(503) 378-4620

1 ULTIMATE FINDINGS OF FACT
' 2 l. Mr. Croy failed t0 accurately and fully disclose his actions which led to
3 the conviction for Attempted Theft in the First Degree when making application for an
4 Oregon Teaching License.
5 CONCLUSIONS 0F LAW
6 Mr. Croy’s failure to accurately and fully disclose his actions which led to his
7 conviction bear a demonstrable relationship to his fitness to serve as an educator:
8 1. Mr. Croy’s extensive involvement in the concealment of the theft of
9 computers and subsequent cover-up of his involvement constitutes gross unfitness to
10 be an ethical educator under OAR 584-20-040(5).
11 2. Mr. Croy’s failure to disclose the actions that led to his conviction
12 constitutes a false statement related to licensure, and is a basis for a finding of gross
l3 neglect of duty under OAR 584-20-040(4)(c). A
‘ 14 OPINION
15 Mr. Croy had many opportunities to be truthful to police and an opportunity to
16 give an adequate and truthful explanation to TSPC on his application for licensure.
17 The panel is deeply concerned that Mr. Croy involved family members in the
18 concealment.
19 Mr. Croy will be eligible to reapply for an Oregon Substitute Teaching License
20 after a period of one year from the date of this Order. If Mr. Croy reapplies, he
21 shall:
22 1. Read the application carefully, answer all questions truthfully, and
23 provide all necessary documents to support and clarify answers on the application. i
24 2. Document that he has completed counseling/class dealing with honesty. 1
25 (3). Document that Mr. Croy has complied with and completed all terms of
26
.PAGE 3 - FINDINGS OF FACT/OPINION AND ORDER
(503) 3184620

1 his probation and has been a productive, law-abiding citizen.
. 2 At the time of reapplication, Mr. Croy shall have the burden of proof to present
3 evidence of fitness to serve as an educator
. 4 ORDER
5 The Commission upholds the denial of the application of David Richard Croy
6 for an Oregon Substitute Teaching License for failing to accurately and fully disclose
7 his actions that led to his convictio for Attempted Theft in the First Degree.
. “I i’
s DATED thlS ll day of , 1997.
9
10 TEACH STAND/32138 AND PRACTICES COMMISSION
11 By: . i W
12 v1 . yton, xecutive ecretary
13 NOTICE: YOU ARE ENTITLED T0 JUDICIAL REVIEW OF THIS ORDER.
JUDICIAL REVIEW MAY BE OBTAINED BY FILING FOR
14 JUDICIAL REVIEW WITHIN 60 DAYS OF THE SERVICE OF
. TIHS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
15 PROVISIONS OF ORS 183.482 THROUGH TLUE OREGON
16 COURT OF APPEALS.
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.PAGE 4 - FINDINGS OF FACT/OPINION AND ORDER
DEPARTMENT OF JUSTICE
1162 Cour! Street N.E.
Salem, Oregon 97310
(503) 378-4620