1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
' 2 OF THE STATE OF OREGON
3
4 In the Matter of the )
5 Teaching License of ) DEFAULT ORDER l
6 MARTIN ERVIN HARPOLE ) OF REVOCATION
7 )
s
9 On or about January 8, 2001, the Teacher Standards and Practices Commission
10 received a certified true copy of Sentence Judgment in State v. Martin Harpole
11 (#TM9921730) issued by Benton County Circuit Court from the District Attorney’s Office
12 for Benton County. The Executive Director took action to notify Harpole of intent to
13 revoke his license, and to inform him of his opportunity for hearing. The notice was sent
14 via U.S. First Class Mail and U.S. Certified Mail Receipt Z 204 897 164. The certified
15 mail receipt was signed by Mr. Harpole and dated February 6, 2001. The Notice of
‘ 16 Opportunity of Hearing, dated January 26, 2001, and signed by David V. Myton,
17 Executive Director, stated:
18 "You, Martin Ervin Harpole, are entitled to a hearing on the proposed
19 action of the Commission. If you want a hearing, you must file a written
20 request for a hearing with the Commission within 21 days of the date of
21 this notice. Attached to this notice is a copy of the procedures, right of
22 representation and other rights of parties relating to the conduct of a
23 hearing as required under ORS 183.413(2)."
24
25 Mr. Harpole failed to respond to the Notice and failed to request a hearing within 21
26 days of the receipt of the Notice. The Commission finds Mr. Harpole to be in default
27 and enters the following Findings of Fact and Conclusions of Law based upon the files
2s and records in this case.
PAGE 1 _ DEFAULT ORDER OF - MARTIN ERVIN HARPOLE

. 1 FINDINGS 0F FACT
2 1. Mr. Harpole holds a Standard Teaching License valid beginning March 28, 1996
3 through March 19,2001.
4 2. On November 21, 1997, the Commission adopted an Order finding that Mr. Harpole
5 had committed Gross Neglect of Duty on September 16, 1996, by masturbating in
6 his car while parked in the lot of an apartment complex during daylight hours. The
7 Commission placed Harpole on probation tor four years and required him to obtain
8 treatment for his inappropriate sexual conduct.
9 3. On September 28, 1999, Mr. Harpole was arrested for Public lndecency after
10 several female students saw him masturbating in the parking lot of Gamma Phi Beta,
11 a sorority house, near Oregon State University, in Corvallis, Oregon. On this
. 12 occasion, Mr. Harpole also admitted that he had smoked crack cocaine, and the
13 police seized a small quantity of crack cocaine from his vehicle
14 4, On December 19, 2000, Martin Ervin Harpole was convicted of Public lndecency,
15 ORS 163.465, in the Circuit Court of the State of Oregon for Benton County. He
16 also entered a plea of guilty to driving under the influence of intoxicants and
17 possession of a controlled substance, and the court granted diversion on these
1s charges.
19 CONCLUSIONS OF LAW
20 Mr. Harpole admitted to police that he smoked crack cocaine on the day of the incident.
21 Martin Ervin Harpole engaged in unlawful conduct in violation of OAR 584-020-
22 0040(1)((r). ln addition, he was convicted of a crime listed in ORS 342.143, which
. PAGE 2 - DEFAULT ORDER OF - MARTIN ERVIN HARPOLE

. 1 mandates a revocation of his teaching license. Mr. Harpole’s conduct was also in

2 violation of his probation with the Commission.

3 ORDER

4 The Commission revokes the teaching license, certificate No. 233590, issued to Martin

5 Ervin Harpole, date of birth 031950.

6 Dated this a h“ day of March 2001.

7 TEACHER STANDARDS AND PRACTICES COMMISSION

8 4%; \gcégl IE2

9 By:

10 David V. M on, Exe utive Director

11

12 NOTICE OF APPEAL OR RIGHTS

13

14 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW

15 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
'16 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE

17 PROVISIONS OFORS 183.482 TO THE OREGON COURT OF APPEALS.

18

19

20

21 CERTIFICATE OF MAILING

22

23 I hereby certify that l served the foregoing order by mailing a true copy thereof certified

24 by me as such by regular U.S. mail and by U.S. Certified Mail with Return Receipt

25 Requested, addressed to Martin Ervin Harpole:

26

27 Martin Ervin Harpole

28 508 Sheila Street

29 Dallas, OR 97338

30

31 Ebb’

32 Dated this day of March, 2001.

33

34 V ‘i ‘Wm/s

35 .

36 By: 41,01 '1

371M w , Executive Assistant
o“ U‘

PAGE 3 - DEFAULT ORDER OF — MARTIN ERVIN HARPOLE
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