___\';’= \/
a EC W
A PR 1 8 ZUiZ
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMIS ION
2 OF THE STATE OF OREGON giifififf‘ f1, I
3 In the Matter 0f the ) STIPULATION OF FACTS AND
4 Teaching License of: ) FINAL ORDER OF REVOCATION
5 ) OF RIGHT TO APPLY FOR
s GARY LEE WELBERG ) ONE (1) YEAR
8 On April 8, 2010, Welberg submitted an Application for Student Teaching or
9 Practicum Report (form PA-i), as part of his Masters Degree student teaching
10 requirement through Eastern Oregon University. Review of Welberg’s “Yes” answer on
1 1 the character question section of his application indicated possible discrepancies and
12 prompted an investigation.
13 After review of the matters alleged, Welberg and the Commission agree that their
14 respective interests, together with the public interest, are best served by a stipulation to
15 certain facts and the revocation of Welberg’s right to apply for a teaching license in the
16 State of Oregon for a period 0f one year. Welberg denies any intentional
17 misrepresentation or knowingly falsifying his application, but stipulates that there is
18 sufficient information contained in the Commission’s files to support the stipulation of
19 facts set forth below.
20 By signing below, Welberg acknowledges, understands, stipulates, and agrees to
21 the following: (i) he has been fully advised of his rights to notice and a hearing to contest
22 the findings of fact, conclusions of law, and order set forth below, and fully and finally
23 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
24 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation
25 and Final Order is a public document and disclosed to the public upon request by the
26 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to
27 approval and adoption by the Commission. If the Commission does not approve and
28 adopt this Stipulation and Final Order, then neither Welberg nor the Commission are
29 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
30 understands it completely; (v) he voluntarily, without any force or duress, enters into
31 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
32 Final Order below; (vi) he states that no promise or representation has been made to
33 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
34 attorney regarding this Stipulation and Final Order and has been fully advised with
35 regard to his rights thereto, or waives any and all rights to consult with an attorney prior
Page 1 STIPULATION OF FACTS AND REVOCATION OF RIGHT TO APPLY — WELBERG, GARY LEE

1 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated

2 Final Order below.

3 STIPULATION OF FACTS

4 1. Gary Lee Welberg applied for his student teaching/ practicum license on April 8,

5 2010. Welberg has never been a licensed teacher in the State of Oregon.

6 2. 0n March 18, 2010, Welberg signed the character question section of his application,

7 certifying his answers and explanations to be “true and correct”. Welberg correctly

8 answered “Yes” to character question four (4), “Have you ever had a professional

9 certificate, credential or license (of any kind) revoked or suspended 0r have you
1O been placed on probationary status for any alleged misconduct or alleged violation
1 1 of professional standard of conduct?” Welberg’s required explanation of his “Yes”
12 answer was compared to records of the State of Oregon Department of Public Safety
13 Standard and Training (DPSST), which led to the revocation of Welberg’s police
14 certificate(s). The TSPC investigation discovered discrepancies between Welberg’s
15 explanation and the DPSST records.
16 3. During the course of the investigation, Welberg advised investigators that he had
1 7 allowed DPSST to take action against his police certification(s) by default and failed
1 8 to request a hearing in order to defend his position and explain his actions. Welberg
19 contends that the DPSST record is not entirely accurate and he was not aware of the
20 full contents of the DPSST findings and order when he provided his explanation to
21 TSPC.
22 4. Welberg’s actions were independently investigated and reviewed by the County
23 District Attorney and the Oregon Department of Justice; both determined that
24 Welberg had not committed any criminal acts. Welberg contends that his
25 participation in the associated incident(s) were in his role as a union official and not
26 in his role as a police officer. La Grande police officials, including now retired Police
27 Chief Courtney, support and recommend Welberg for licensure. Letters to the
28 Commission from both Chief Courtney and Lieutenant Reddington attest to
29 Welberg’s “High degree of honesty and integrity” and express their full endorsement
3O of Welberg.
31 / / / Q
32 / / /
33 / / /
34 / / /

Page 2 STIPULATION OF FACTS AND REVOCATION OF RIGHT TO APPLY — WELBERG, GARY LEE ,

1 IT IS SO STIPULATED:
12’: Gin-i L Liqfinlc' y42544;
4 Gary »-~ elerg Da
Z lb’ ,
7 ‘1'coria Cha * a r”, Executive Director Date
8 Teacher Standards and Practices Commission
9 CONCLUSION OF LAW
10 Gary Lee Welberg’s required explanation of the revocation of his police
1 1 certification(s) was not completely accurate as stated in his application for a student
12 teaching/practicum license. As a result, Welberg’s explanation contains multiple false
13 statements regarding the factual circumstances that led to the revocation of his police
14 certificate(s) by the State of Oregon Department of Publics Safety Standard and Training
15 (DPSST). This conduct constitutes gross neglect 0f duty in violation of OAR 584-020-
16 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use of professional judgment);
17 and OAR 584-020-0040(4)(c) (Knowing falsification of any document or knowing
18 misrepresentation directly related to licensure, employment, or professional duties).
1 9 The Commission’s authority to impose discipline in this matter is based upon
20 ORS 342.175.
21 ORDER
22 Based on the foregoing, the Commission hereby orders the revocation of Gary Lee
23 Welberg’ right to apply for a license for a period of one (1) year.
24 Issued and dated this figa/yoffigsig £0 M wM l 20,)
25 TEACHER STANDARDS AND PRACTICES COMMISSION
26 STATE OF OREGON ' "~
28 B
29 Victoria Cham r am, Executive Director
Page 3 STIPULATION OF FACTS AND REVOCATION OF RIGHT TO APPLY — WELBERG, GARY LEE

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of
Revocationof Right to Apply for One (l) Year, certified by me as such, by mailing U.S. First Class Mail
and U.S. Certified Mail — Return Receipt Requested, addressed to:
Gary Lee Welberg
6108 N Gull Rock Place
Garden City, ID 83714
DATED this 7 {A day ofAugust, 2012.
By:
Liddell
Investigative Assistant
CERTIFICATE OF MAILING - WELBERG, GARY LEE