1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of: ) FINAL ORDER OF 5 DAVID E. OLIVER ) SUSPENSION OF RIGHT TO APPLY FOR 6 ) LICENSURE 7 8 On or about December 15, 2010, the Teacher Standards and Practices Commission 9 (Commission), in conjunction with Mr. Olivers submission of an AppIication for Educator 10 Licensure Form C-I, referred the application for investigation, Indicating that he may have 11 engaged in conduct constituting gross neglect of duty. 12 The Commission charged Mr. Oliver with gross neglect of duty and issued a Notice of 13 Opportunity for Hearing on June 15, 2011. After review of the matters alleged, Mr. Oliver and 14 the Commission agree that their respective interests, together with the public interest, are best 15 served by a stipulation to certain facts and the suspension of his right to apply for a license. 16 By signing below, Mr. Oliver acknowledges, understands, stipulates, and agrees to the 17 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 18 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 19 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and FinaI 20 Order of Suspension of Right to Apply (Stipulation and FinaI Order); (ii) this Stipulation and Final 21 Order is a puinc document and disclosed to the public upon request by the Commission; 22 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by 23 the Commission. If the Commission does not approve and adopt this Stipulation and Final 24 Order, then neither Mr. Oliver nor the Commission are bound by the terms herein; (iv) he has 25 fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, 26 without any force or duress, enters into this Stipulation and FinaI Order and consents to 27 issuance and entry ot the Stipulated Final Order below; (vi) he states that no promises or’ 28 representation have been marge to induce him to sign this Stipulation and FinaI Order; and (viD Page 1 - STIPULATION OF FACTS AND SUSPENSION OF RIGHT TO REAPPLY- OLIVER 1 he has consulted with an attorney regarding this Stipulation and Final Order and has been fully 2 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney 3 prior to entering into this Stipulation and Final Order and issuance and entry of the Stioulated 4 Final Order below. 5 STIPULATION OF FACTS 6 1. Mr. Oliver submitted an Application for Educator Licensure Form C-1 (C-1) on 7 December 15, 2010. Mr. Oliver has never been licensed by TSPC. 8 2. Mr. Otiver reported a January 10, 2002, DUlI conviction in Idaho on the C-1. He 9 failed to disclose a November 8, 2006, conviction tor Disorderly Conduct-2 in Union County, 10 Oregon Circuit Court, in his answer to question 8 on the C-1. Mr. Oliver acknowledges that he 1 1 omitted this information. 12 I D REED TO: 14 av1 , . Oliver Date 12W M7401). _ _ 17 Victoria C in, Executive Director Date 18 Teacher Standards and Practices Commission 19 CONCLUSIONS OF LAW 20 Mr. Oliver's conduct described in paragraph 2 above is a violation of ORS 21 342.175(1)(b), OAR 584-020-0040(4)(n) as it incorporates 584-020-0010(5)(Use professional 22 judgment), and OAR 584-020-0040(4)(c) (Knowing falsification of any document or knowing 23 misrepresentation directly related to Iicensure, employment, or professional duties). 24 The Commission has the authority to impose discipline in this matter under ORS 25 342.120 through 342.430 and OAR Chapter 584. 26 /// 27 /// 28 /// Page 2 - STIPULATION OF FACTS AND SUSPENSION OF RIGHT TO REAPPLY- OLIVER 1 FINAL ORDER 2 The Commission adopts and incorporates herein the above findings of facts and 3 conclusions of law and hereby suspends Mr. Oliver’s right to apply for Iicensure. Mr. Oliver may 4 reapply for Iicensure by filing a new Educator Licensure Form C-t after the date of this order. 5 Issued and dated this flfiay of February, 2012. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 STATE OF = EGON 8 W / 1' 9 By val/Z/ 71/ M441 10 ictoria ChM'xecutive Director 11 Page 3 - STIPULATION OF FACTS AND SUSPENSION OF RIGHT TO REAPPLY- OLIVER