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 Educator License of ) FINAL ORDER OF DENIAL OF

5 HAROLD V. PETERSEN ) APPLICATION AND SIX MONTH

6 ) SUSPENSION OF RIGHT TO APPLY

S On June 4, 2012, the Commission received an application for reinstatement of

9 the expired license of Harold Viby Petersen (Petersen). Discrepancies in Petersen’s
1O application resulted in a referral to professional practices for an investigation to
1 1 determine if Petersen had violated professional standards.
12 After review of the matters alleged, Petersen and the Commission agree that their
1 3 respective interests, together with the public interest, are best served by a stipulation to
14 certain facts and the imposition of a denial of application and suspension of right to
1 5 apply.
16 By signing below, Petersen acknowledges, understands, stipulates, and agrees to
17 the following: (i) he has been fully advised of his rights t0 notice and a hearing to contest
18 the findings of fact, conclusions of law, and order set forth below, and fully and finally
19 waives all such rights and any rights t0 appeal or otherwise challenge this Stipulation 0f
2O Facts and Final Order of Denial and Suspension (Stipulation and Final Order); (ii) this
21 Stipulation and Final Order is a public document and disclosed to the public upon
22 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
23 subject to approval and adoption by the Commission. If the Commission does not
24 approve and adopt this Stipulation and Final Order, then neither Petersen nor the
25 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
26 Final Order, and understands it completely; (v) he voluntarily, without any force or
27 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
28 the Stipulated Final Order below; (vi) he states that no promise or representation has
29 been made to induce him to sign this Stipulation and Final Order; and (vii) he has
3O consulted with an attorney regarding this Stipulation and Final Order and has been fully
31 advised with regard to his rights thereto, or waives any and all rights to consult with an
32 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
33 the Stipulated Final Order below.

34 2 STIPULATION 0F FACTS

35 1. Harold Viby Petersen has been licensed by the Commission since August 22, 1984
36 Petersen’s Standard Teaching License, with endorsements in Standard Elementary (014),

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- PETERSEN, HAROLD VIBY

‘ 1 Basic Technology Education (018) and Construction (024), was issued on November 3,
2 1997, and expired on June 6, 2003. Petersen did not submit an application for renewal
3 prior to the application submitted on June 4, 2012. Petersen is not currently employed by
4 any known Oregon School District.
5 2. A review of Petersen’s application noted Petersen answered “No” to all the application’s
6 character questions and signed and dated the form on May 29, 2012. Petersen answered
7 “No” to question number four (4), “Have you ever had any adverse action taken on a
8 professional certificate, license or charter school registration? "; and question number
9 six (6), “Have you every surrendered a professional license of any kind before its
'i O expiration? ”, and question number seven (7), “Have you ever been disciplined by any
11 public agency responsible for licensure of any kind, including but not limited to
12 educational licensure? ” The Commission discovered during the background check
13 portion of Petersen’s application processes that Petersen’s California teaching credential
14 was revoked in 1996 for failure to report to work after signing a contract.
15 3. Commission investigators questioned Petersen about the discrepancy. Petersen advised
16 that he had hurried through the application and as a result, failed to answer the
17 questions accurately. Petersen explained that his prior, 1995-1996, discipline by the
18 California Commission was a result of Petersen not returning to work after a layoff
19 period, which was a violation of his teaching contract. Petersen advised that he chose not
20 to fight the California discipline and “defaulted” during the process, resulting in his
21 California Credential being revoked. This was verified through documents from the
22 California Commission on Teacher Credentialing.
23 IT IS SO STIPULATED:
g; nu.“ ' W‘ 112% lfi/L Z O 13
26 Harol 1‘ r . ' ~ ‘ Date
a; M2") a... 642/4;
29 Vicria Cham -.- cutive Director Date
30 Teacher Standards and Practices Commission
31 CONCLUSION OF LAW
32 Harold Viby Petersen falsely answered the character questions in his application
33 to the Commission for reinstatement. This conduct constitutes gross neglect of duty in
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND~ PETERSEN, HAROLD VIBY
.———_——_—_———

_——_—_——_——i V
1 violation of ORS 342.175 (1)(b); OAR 584-02o-oo4o(4)(n) as it incorporates OAR 584—
2 020-0010(5) (Use professional judgment); and OAR 584-020-oo4o(4)(c) (Knowing
3 falsification of any document or knowing misrepresentation directly related to
4 licensure, employment, or professional duties). This conduct also constitutes a violation
5 of ORS 342.175(1)(e); OAR 584-050—0006(3)(a), (Notice of denial and right to a
6 hearing may be issued by the Executive Director when any 0f the following conditions
7 exist: The applicant submits afalsified application).

8 The Commission’s authority to impose discipline in this matter is based upon

9 ORS 342.175.
1 0 ORDER
1 1 The Commission adopts and incorporates herein the above findings of fact and
12 conclusions of law, and based thereon, denies Harold Viby Petersen’s application for
1 3 reinstatement and imposes a six month suspension of his right to apply for a license t0
14 begin following the adoption of this order.

111
15 Issued and dated this QQ day of July, 2013.
16 TEACHER STANDARDS AND PRACTICES COMMISSION
17 STATE 0F OREGON
13 B, MéRZMM
20 ictoria Chambe ' , Executive Director
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- PETERSEN, HAROLD VlBY ,

CERTIFICATE OF MAILING
l HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Denial of
Application and Six Month Suspension of Right to Apply, certified by me as such, by mailing U.S. First
Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to:
Harold V. Petersen
1500 Main St, Apt 11
Springfield, OR 97477-4924
DATED this 2 L7”! day of August, 2013.
‘By: /> a ¢ I
Patty addell
Investigative Assistant
CERTIFICATE OF MAILING — PETERSEN, HAROLD V.