1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS

4 Teaching License of ' ) FINAL ORDER OF

5 ABE CHE LOPEZ ) SUSPENSION

g On or about October 17, 2008, the Teacher Standards and Practices Commission

8 (Commission) received a report from the Superintendent of the Sherman County School District,

9 indicating that Abe Che Lopez may have engaged in gross neglect of duty in connection with a
10 citation for possession of marijuana.
11 After review of the matters alleged, Mr. Lopez 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.
14 By signing below, Mr. Lopez acknowledges, understands, stipulates, and agrees to the
15 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
16 findings of fact, 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 of Facts, Order of
18 Suspension (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public
19 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and
20 Final Order is contingent upon and subject to approval and adoption by the Commission. If the
21 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr.
22 Lopez nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation
23 and Final Order, and understands it completely; (v) he voluntarily, without any force or duress,
24 enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated
25 Final Order below; (vi) he states that no promises or representation has been made to induce
26 him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney
27 regarding this Stipulation and Final Order and has been fully advised with regard to his rights

Page 1 STIPULATION OF FACTS ORDER OF SUSPENSION - LOPEZ

1 thereto, or waives any and all rights to consult with an attorney prior to entering into this

2 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.

3 STIPULATION OF FACTS

4 1. The Commission has licensed Mr. Lopez since March 23, 2006. Mr. Lopez currently

5 holds an Initial I Teaching License that expires on November 30, 2010.

6 2. On March 3, 2006, Mr. Lopez signed a stipulated agreement with the Commission that

7 imposed a public reprimand and 4-years probation. The terms of the agreement

8 required Mr. Lopez to report in writing within ten days to the Executive Director of the

9 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or
10 violation of criminal probation. On or about March 23, 2006, the Commission issued Mr.
11 Lopez a Transitional Teaching License subject to the terms of this stipulated agreement.
12 3. On October 13, 2008, Mr. Lopez was cited for possession of less than one ounce of
1 3 marijuana.
14 4. Mr. Lopez did not report this citation to the Commission.
15 5. On October 15, 2008, during a meeting with Sherman County School District
16 Administrators, Mr. Lopez offered three different stories regarding how the marijuana
17 came into his possession. Although police witnessed Mr. Lopez ingesting marijuana and
18 found marijuana on his shirt during a traffic stop, Mr. Lopez denied ingesting the
19 marijuana and suggested the leafy substance was lettuce.
20 6. On February 10, 2008, during an investigative interview with the Commission, Mr. Lopez
21 stated that he found the marijuana and intended to take the drugs to the police station
22 when he was pulled over and cited for possession of marijuana. Mr. Lopez denied
23 consuming the marijuana in any form. However, police on scene observed evidence
24 that Mr. Lopez ate marijuana and evidence that Mr. Lopez smoked marijuana.

Page 2 STlPULATlON OF FACTS ORDER OF SUSPENSION - LOPEZ

1 IT IS SO STIPULATED:
/

é 61/61, M /<>/3//o

4 Abe C. Lopez Date

3 M

7 Vic oria Cha - : "Executive Director Date

8 Teacher Standards and Practices Commission

9 CONCLUSION OF LAW
1O 1. Mr. Lopez's conduct described in paragraph 3 constitutes gross neglect of duty in
11 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(0) as it incorporates OAR
12 584020-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying
13 the law, exemplifying personal integrity and honesty).
14 2. Mr. Lopez's conduct described in paragraph 4 constitutes gross neglect of duty in
15 \n'olation of ORS 342.175(1)(b); OAR 584-020-0040(4)(k) (Knowing violation of any
16 order or rule of the Commission).
17 3. Mr. Lopez's conduct described in paragraph 5 constitutes gross neglect of duty in
18 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(c) (Knowing falsification of
19 any document or knowing misrepresentation directly related to Iicensure,
20 employment, or professional duties).
21 4. Mr. Lopez's conduct described in paragraph 6 constitutes gross neglect of duty in
22 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(c) (Knowing falsification'of
23 any document or knowing misrepresentation directly related to Iicensure,
24 employment, or professional duties).

Page 3 STIPULATION OF FACTS ORDER OF SUSPENSION - LOPEZ

1
2 ' ORDER
3 Based on the foregoing, the Initial I Teaching License of Abe C. Lopez is suspended for
4 six months from the date of this order.
5 ,
6 Issued and dated this i/dkay of November, 2010
7 TEACHER STANDARDS AND PRACTICES COMMISSION
s Z ' é Z .
9 By:
10 Victoria Cha , ecutive Director
Page 4 STIPULATION OF FACTS ORDER OF SUSPENSION - LOPEZ