1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON I 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND 5 DAVID HEATH BEDELL aka ) FINAL ORDER OF REPRIMAND 6 SEAN PHILLIP OLIVERA ) 7 On October 13, 2008, the Teacher Standards and Practices Commission (Commission) 8 received a letter from Adam Arms, counsel for David Heath Bedell (Bedell) informing the Commission . . 9 that Bedell had been living under the assumed identity of Sean Phillip Olivera. 10 Mr. Bedell fully cooperated with the Commission’s investigation. After review of the matters 11 alleged, Mr. Bedell and the Commission agree that their respective interests, together with the public 12 interest, are best sewed by a stipulation to certain facts and a public reprimand. 13 This document sets forth the facts upon which the parties have agreed and the stipulated 14 sanction to be imposed. Mr. Bedell stipulates that there is sufficient evidence in the Commission's 15 files and records to support the findings of fact, conclusions of law, and order set forth below. 16 By signing below, Mr. Bedell 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 findings of 18 fact, conclusions of law, and order set forth below, and fully and finally waivesall such rights and any 19 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Reprimand 20 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to 21 the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon 22 and subject to approval and adoption by the Commission, If the Commission does not approve and 23 adopt this Stipulation and Final Order, then neither Mr. Bedell nor the Commission are bound by the 24 terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) 25 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to 26 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or 27 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - BEDELL 1 regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering 2 into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 3 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. Mr. 4 Bedell stipulates that there are sufficient facts contained in the Commission's files and records to 5 support the findings of fact and conclusions of law set forth below. In entering into this stipulation, Mr. 6 Bedell waives the right to a hearing to contest the findings of fact, conclusions of law and order set I 7 forth below. I 8 STIPULATION OF FACTS 9 1. The Commission has licensed Mr, Bedell since November 13, 2001. Mr. Bedell currently 1O holds an Initial ll Teaching License valid July 31, 2005 through July 30, 2008, with an endorsement in 11 Multiple Subjects Self-Contained ECE/ELE. Mr. Bedell timely filed his application for renewal. 12 2. Mr. Bedell is employed at the Eddyville Charter School in Eddyville Oregon. 13 3. When Mr. Bedell was 16 years of age he was arrested for possession of marijuana and 14 briefly held in a juvenile detention facility. Out of fear of abuses Mr. Bedell heard were common in 15 Georgia juvenile facilities, he ran away and settled in California. ‘ 16 4. In order to avoid returning to Georgia, Mr. Bedell assumed the identity of Sean Olivera, a ‘ 17 person Mr. Bedell learned had recently died, Mr. Bedell lived under the Olivera identity from the early 18 1990s until 2008 when he, on his own initiative, contacted federal authorities to clear up the identity 19 issue. 20 5, While living under the Olivera identity Mr. Bedell attended university, completed his 21 teaching preparation and was licensed by TSPC. 22 6. The Social Security Administration conducted a thorough background check of Mr. Bedell 23 and found that Mr. Bedell did not use the Olivera identity for any criminal or nefarious purposes. 24 Further investigation revealed no records of a conviction in Georgia or outstanding criminal charges 25 for Mr. Bedell in Georgia. 26 / l / 27 l // Page 2 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - BEDELL I 1 7. The Commission recognizes that Mr. Bedell has come fonivard on his own accord to correct 2 his identity and that information provided to the Commission under the Sean Olivera identity, was not 3 done with the intent to defraud the Commission or conceal a criminal past. 4 IT IS SO STIPULATED AND AGREED TO: 5 a s QM ill‘. KM: I'Z-ITorI 7 David H- -th Bedell Date 1 3 JAM [Lu/1.1. gi/vZ 10 Victoria Cha n 35h, xecutive Director Date 11 Teacher Standards and Practices Commission 12 CONCLUSIONS OF LAW 13 David Heath Bedell provided false identification information on his applications for educator 14 Iicensure. This conduct constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(c) 15 (Knowing falsification of any document or knowing misrepresentation directly related to licensure, 16 employment, or professional duties). The Commission has the authority to impose discipline in this 17 matter under ORS 342.120 through 342.430 and OAR Chapter 584. 18 I 19 FINAL ORDER I 20 The Commission adopts and incorporates herein the above finding of facts, conclusions of I 21 law, and based thereon, imposes a Public Reprimand on David Heath Bedell. This Order shall serve I 22 as the Public Reprimand. I 23 Issued and dated this LIfhciay of August, 2009. I 24 TEACHER STANDARDS AND PRACTICES COMMISSION I 25 STATE OF REGON _ 1 28 Victoria Cha , Executive Director 29 [Accnt ID: 100550] Page 3 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - BEDELL