1 BEFORE THE

2 ' TEACHER STANDARDS AND PRACTICES COMMISSION

3 STATE OF OREGON

4 In the Matter of the Teaching License of )

) FINAL ORDER

5 LEROY KELLY, ) (By Default)

6 5

7 On May 31, 1996, the Teacher Standards and Practices

8 Commission (Commission) issued a Notice of Opportunity for Hearing

9 and intention to revoke the teaching license of Leroy Kelly (Mr.
10 Kelly) or to otherwise impose discipline. On June 4, 1996, Mr.
11 Kelly filed a written request for a hearing. The Commission

12 scheduled a hearing for October 8, 1996.

13 - On September 21, 1996, Mr. Kelly informed the Commission that
14 he would not attend or appear at the scheduled hearing and

15 surrendered his Oregon teaching license.

16 Based on the foregoing, the Commission finds Mr. Kelly to be
17 in default, accepts Mr. Kelly's surrender of his teaching license
18 and enters the following Findings of Fact, Ultimate Finding of

19 Fact, Conclusion of Law and Order based on the records and files
20 of the Commission in this matter.
21 FINDINGS OF FACT
22 1. Mr. Kelly holds a basic Oregon teaching license with
23 endorsements in drama and language arts.

24 _ 2. Mr. Kelly was employed as a high school teacher for the
25 Plumas Unified School District in Plumas County, California, from
26 1988 until January 1992.

PAGE 1 — FINAL ORDER (By Default) (LEROY KELLY)

‘ l 3. In November 1991, the district placed Mr. Kelly on
2 involuntary administrative leave with pay based on citizen
3 complaints that Mr. Kelly had acted inappropriately towards female
4 students while Mr. Kelly was employed as a drama coach. The
5 complaints included allegations that Mr. Kelly had touched female
6 students inappropriately and in a sexual manner.
7 4. While the allegations against Mr. Kelly were being
8 investigated by the school district, Mr. Kelly entered into a
9 written settlement agreement with the school district on January
10 23, 1992, under which Mr. Kelly resigned his teaching position.
11 5. In December 1993, Mr. Kelly submitted an application for
12 an Oregon teaching license. In March 1995, Mr. Kelly submitted an
13 application for a language arts endorsement to his teaching
. 14 license. On both applications, Mr. Kelly answered "No" to the
15 question: "Have you ever resigned from an educational
16 position while under investigation for misconduct or unsatisfactory
17 service?"
18 ULTIMATE FINDING OF FACT
19 v Mr. Kelly misrepresented the fact that he had resigned his
2O teaching position with the Plumas County School District while
21 under investigation for misconduct.
22 CONCLUSION OF LAW
23 Mr. Kelly's conduct constitutes gross neglect of duty in
24 violation of OAR 584-20-O40(4)(c).
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‘PAGE 2 — FINAL ORDER (By Default) (LEROY KELLY)

.. l ORDER
2 The Commission accepts the voluntary surrender of the
3 teaching license of Leroy Kelly, and pursuant to OAR 584-50-027,
4 the teaching license of Leroy Kelly is hereby REVOKED.
5 DATED this [(7% day of ("EX/‘awaitinc- , 1996.
6 TEACHER STANDARDS PRACTICES COMMISSION
7 BY: . (\jflv'i] g (12:;qu
8 David V. ton, ~xecutive Secretary
9
NOTICE: You are entitled to judicial review of this order pursuant
10 to the provisions of ORS 183.480. Judicial review may be obtained
by filing a petition in the Oregon Court of Appeals. The petition
11 must be filed within 6O days from the date of service of this order.
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‘PAGE 3 — FINAL ORDER (By Default) (LEROY KELLY)

. CERTIFICATE OF MAILING
I hereby certify that I served the foregoing Order by mailing a true copy thereof.
certified by me as such, by U.S. first class mail, and U. S. Certified Mail. with
Return Receipt Requested addressed to:
LEROY KELLY
P O BOX 639
-_ VICTOR ID 834-55
(/7 (1‘ $2427
Dated this . day of .4“ ‘ w , 1996.
Charlene A. Smith
Secretary to the Commission