_ l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION - 3 a OF THE STATE OF OREGON 3 In the Matter of the ) STiPULATION OF FACTS 4 Teaching License 0t ) FINAL ORDER OF 5 HARRY E. NELSON ) SUSPENSION OF RIGHT TO APPLY g On November 13, 2007, ‘the Teacher Standards and Practices Commission 8 (Commission) issued a Notice of Opportunity tor Hearing charging Mr. Nelson with Gross . 9 Neglect of Duty. The Commission issues an Amended Notice on December 17, 2009 and a 10 Second Amended Notice on January 28, 2010. ‘ ‘ 1 1 Alter review oi the matters alleged, Mr. Nelson and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to certain 13 facts and the imposition of a six-month suspension oi right to apply tor a license. 14 By signing below, Mr. Nelson acknowledges, understands, stipulates, and agrees to the 15 following: (i) he has been fully advised cl his rights to notice and a hearing to contest the 16 findings ol tact, conclusions of law, and order set forth below, and fully and finally waives all 17 such rights and any rights to appeal or otherwise challenge this Stipulation oi Facts, Final Order i8 oi Suspension ot Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order 19 ls a public document and disclosed to the public upon request by the Commission; (iii) this 20 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 21 Commission. lithe Commission does not approve and adopt this Stipulation and Final Order, 22 then neither Mr. Nelson nor the Commission are bound by the terms herein; (iv) he has iuliy 23 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without 24 any force or duress, enters into this Stipulation and Final Order and consents to issuance and 25 entry oi the Stipulated Final Order below; (vi) he states that no promises or representation has 26 been made to induce his to sign this Stipulation and Final Order; and (vii) he has consulted with 27 an attorney regarding this Stipulation and Final Order and has been iuily advised with regard to Page i STIPULATION OF FACTS ORDER SUSPENSION OF RIGHT TO APPLY - NELSON 1 his rights thereto, or waives any and all rights to consult with an attorney prior to entering into 2 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 3 STIPULATION OF FACTS 4 t. The Commission has licensed Mr. Nelson since September 29, 2004. Mr. Nelson -. 5 Nelson's Initial l Teaching License expired on April 17, 2010. - . 6 2. On May 17, 2007, Mr. Nelson was arrested by the Polk County Sheriff's Oiiice on a 7 charge of Public lndecency under ORS 163.465. A conviction for Public indecency 8 requires the Commission to revoke a teaching license under ORS 34214363). 9 3. On September 4, 2007, Mr. Nelson pied guilty to one count of Public Indecency resulting 10 from him exposing his genitals to an undercover police officer. As part of his plea, Mr. 11 Nelson entered into a deterred sentencing agreement under ORS 137.533 and was 12 placed on probation. A judgment of conviction was not entered. 13 4. Alter completing the conditions of the deterred sentencing agreement, Mr. Nelson 14 requested, and the Court granted, a dismissal oi the criminal case with prejudice. 15 Subsequently, Mr. Nelson's arrest record was set aside and the arrest records sealed. 16 ‘I7 lT IS SO STIPULATED: 13 424% ' yi ii szn/ é; /l7// /@ 20 Ha ry elson Date 2 Victoria (champn, E ecutive Director Date 24 Teacher Standa : . : d Practices Commission 25 /// 26 /// ‘ v 27 /// 28 /// 29 /// Page 2 STIPULATION OF FACTS ORDER SUSPENSION OF RIGHT TO APPLY - NELSON 1 CONCLUSION OF LAW 2 1. Mr. Nelson's conduct described in above demonstrated that Mr. Nelson lacks good 3 moral character that is required for holding a teaching license under ORS 4 342.143(2), and constituted gross neglect oi duty in violation of ORS 342,175(1)(b); ' 5 OAR 584-0_20-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain the 6 dignity oi the profession by obeying the law, exemplifying personal integrity and 7 honesty) 8 ORDER Y 9 Based on the foregoing, and in consideration of the fact that Mr. Nelson completed the 10 conditions ol probation imposed by the Court resulting in dismissal oi the criminal case, the 11 Commission hereby orders that Mr Nelson's right to apply for teaching license ls suspended tor 12 six months from the date oi this order. 13 14 It is So Ordered: W 7/ ‘>20 /& 15 TEACHER STANDARDS AND PRACTICES COMMISSION 16 t 17 “SW 18 |ctoria Chamber n, cutive Director 19 _ 2O Page 3 STIPULATION OF FACTS ORDER SUSPENSION OF RIGHT TO APPLY ~ NELSON