1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter 0f the ) DEFAULT ORDER OF

5 Teaching License of ) LICENSE REVOCATION AND

6 MARK READ CULBERTSON ) REVOCATION OF RIGHT TO APPLY

7

8 On July 19, 2012, the Teacher Standards and Practices Commission (Commission) issued

9 a Notice of Opportunity for Hearing to Mark Read Culbertson (Culbertson) in which the
10 Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was sent
11 via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 1483 to the
12 address on file with the Commission. The Notice designated the Commission file as the record
l3 for purposes of proving a prima facie case. The Certified Mail was signed for on July 2o, 2012.
14 The regular mail was not returned to the Commission. The Notice of Opportunity of Hearing,
15 dated July 19, 2012, and signed by Victoria Chamberlain, Executive Director, stated:
16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
17 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL.
19 IF YOU DO NOT REQUEST A HEARING 0R IF YOU FAIL TO APPEAR AT A
20 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY
21 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER
22 DISCIPLINE.”
23
24 Culbertson did not request a hearing. The Commission, therefore, finds Culbertson to be in
25 default and enters the following findings of fact, conclusions of law, and final order, based on
26 the files and records of the Commission concerning this matter.
27 FINDINGS 0F FACT
28 1. Mark Read Culbertson has been licensed by the Commission since January 11, 1999.
29 Culbertson’s Initial I Teaching License with an endorsement in Music (ML/HS), was issued
30 October 14, 2009, and expired on Apn'l 29, 2012. During all relevant times, Culbertson was
31 employed by the Dayton School District.
32 2. On April 12, 2012, Culbertson pled guilty and was subsequently convicted of two counts of
33 Encouraging Child Sex Abuse in the First Degree (ORS 163.684) and four counts of
34 Encouraging Child Sex Abuse in the Second Degree (ORS 163.686). Culbertson was
35 sentenced to 90 sanction units of incarceration, required to surrender his teaching license,
36 and required to register as a sex offender upon his release. The conduct underlying
37 Culbertson’s conviction included Culbertson downloading, possessing, and duplicating
38 visual recordings of sexually explicit conduct involving a child (Child Pornography) on his
39 computer.

PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY —
CULBERTSON, MARK READ

1 CONCLUSIONS 0F LAW
2 Culbertson’s conviction constitutes gross neglect of duty in violation of ORS
3 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use
4 professional judgment); OAR 584-020-oo4o(1)(bb) (ORS 163.684 — Encouraging Child Sexual
5 Abuse in the First Degree); and OAR 584-020-0040(1)(cc) (ORS 163.686 — Encouraging Child
6 Sexual Abuse in the Second Degree). This conduct also constitutes gross unfitness in violation of
7 ORS 342.175(1)(c); OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting
8 criminal conduct, even in the absence of a conviction). Pursuant to ORS 342.175(3) and OAR
9 584-020-0040(1) the Teacher Standards and Practices Commission must revoke Culbertson’s
10 right to apply for a license based on Culbertson’s conviction of any of the crimes listed in ORS
11 342-143(3)(a)-
12 Furthermore, the conduct underlying Culbertson’s conviction constitutes gross neglect of
l3 duty in violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-
14 020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(k) (knowing violation of
15 any rule or order of the Commission); OAR 584-020-0040(4)(0) as it incorporates OAR 584-
16 020-0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law,
17 exemplifying personal integrity and honesty)
18 The Commission’s authority to impose discipline in this matter is based upon ORS
19 342.175.
20 FINAL ORDER
21 The Commission hereby revokes the licensure of Mark Read Culbertson and revokes
22 Culbertson’s right to apply for licensure.
23 IT IS SO ORDERED THIS 2 Ol/hday of September, 2012.
24 TEACHER STANDARDS AND PRACTICES COMMISSION
$5222 M
25 By:
26 Victoria Chamberlain, Executive Director
2;
29 NOTICE OF APPEAL OR RIGHTS
3(1) YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
32 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6o DAYS FROM THE SERVICE OF
33 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
34 THE OREGON COURT OF APPEALS.
PAGE 2—DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY —
CULBERTSON, MARK READ

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing
U.S. First Class Mail and U.S. Certified Mai1—Return Receipt Requested, addressed to:
Mark Read Culbertson
23467 SW Old Hwy 99
Sherwood, OR 97140
t‘:
Dated this £0 day of September, 2012.
By: Ail v
Pa ddell
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING—CULBERTSON, MARK READ