.1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the Case No. 113198
Teaching License of
4 STIPULATION AND ORDER OF SUSPENSION
ERVIN L. LATINCSICS
5
6 The Teacher Standards and Practices (Commission) issued a Notice of Denial 0f
7 Teaching License and Opportunity for Hearing on August 27, 2003, to Ervin L. Latincsics. Mr.
8 Latincsics requested a hearing, and the case was assigned to an Administrative Law Judge and
9 scheduled for hearing on July 21, 2004.
10 Afler a review of the matters alleged, the Commission and Mr. Latincsics have agreed
1 1 that their respective interests, together with the public interest, are best served by a stipulation to
‘2 certain facts and the suspension of Mr. Latincsics’ right t0 apply for a teaching license, followed
3 by a period of probation.
14 Mr. Latincsics continues to deny many of the allegations in the Notice, including the
15 allegations that he mishandled school funds or that he used booster club funds for his personal
16 purposes. However, Mr. Latincsics stipulates that there is sufficient evidence contained in the
17 Commission’s files and records to support the findings of fact and conclusions of law set forth
18 below, and Mr. Latincsics understands and consents that the Commission will make the findings
19 0f fact and conclusions of law set forth in this order.
20 - . - ~ .
In entenng 1nto this stipulation, Mr. Latincsics waives his right to a hearing and
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understands that the Commission will deny his application for a license and suspend his right to
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apply for a license for a period of 9 months. This stipulation and proposed order are contingent
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‘ on approval by the full Commission. If the Commission does not approve this stipulation and
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l order, it is understood that any waiver of rights by Mr. Latincsics is therefore revoked. It is
'2 further understood that the statements contained in this stipulation may not be used by either the
3 Commission or Mr. Latincsics for any reason if the Commission fails to approve the stipulation
4 and proposed order.
5 It is so stipulated:
6 £ —/%é" ' * /
Z z e/a ‘r
7 Ervin L. L csics Date
8
9 Mag/w ML’
ictoria Cham erlain, Executive Director Date
10 Teacher Standards and Practices Commission
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2 FINDINGS OF FACTS
‘3 l. Mr. Latincsics held an Oregon Reciprocal Teaching License from September
14 1997 to September 1999. That license has expired.
15 2. Mr. Latincsics has also held a teaching certificate in the State of Washington. He
16 was employed as a teacher for the Battle Ground School District from September 1996 to
l7 September 1997. He worked as a teacher for the Ridgefield School District in Ridgefield,
18 Washington from September 1999 to August 2001, and he was employed as head coach of the
19 high school wrestling team between 1995 to January 2002.
20 3. On April 16, 2003, Mr. Latincsics entered a plea of guilty in Clark County
21 Superior Court to the crime of Injury to a Public Record. On that day the court sentenced Mr.
22 Latincsics to 30 days in jail, with one day credit for time served and 29 days of community
23 service in lieu of jail time. The court also ordered Mr. Latincsics to pay $1870 in fines, victim’s
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1 assessment and court fees and $2250 as restitution to the Ridgefield School District. In addition,
.2 the court required Mr. Latincsics to undergo evaluation for gambling addiction and to participate
3 in a treatment program for gambling addiction if recommended.
4 4. On December 15, 2003, the Superintendent for Public Instruction in Washington
5 suspended Mr. Latincsics’ Washington Teaching Certificate for a period of 60 days based on
6 Latincsics’ failure to properly manage wrestling team funds and his conviction for the crime of
7 Injury to a Public Record.
8 5. During the course of his employment as wrestling coach, Mr. Latincsics
9 coordinated the formation of the Ridgefield Wrestling Club. The club served as a booster
10 organization for the wrestling team and engaged in fund-raising activities in support of the team.
11 6. During the fall of 2001, the wrestling club and the high school sold wrestling
2 cards as a fund-raising activity involving the sale of wrestling cards. Mr. Latincsics altered
‘3 documents and mismanaged funds related to this activity.
l4 7. During the period between April 2001 and December 2001, Mr. Latincsics wrote
15 checks using the wrestling club checking account and charged money on a credit wrd of the
16 wrestling club for Mr‘ Latincsics’ personal purposes.
17 8. On March 2, 2003, Mr. Latincsics applied for an Oregon Teaching License. On
18 the application, he answered “no” to the question, “Have you ever left any educational or school-
19 related employment, voluntarily or involuntarily, while the subject of an inquiry, review or
20 investigation of alleged misconduct?” In fact, Mr. Latincsics resigned his position as coach of
21 the Ridgefield High School wrestling team in January 2002 while he was the subject of an
22 investigation by the school district.
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1 9. On the March 2, 2003 application for an Oregon Teaching License, Mr. Latincsics
'2 answered “no” to the question, “Have you ever been arrested or cited for any offense * * * which
3 is still pending in the court.” In fact, Mr. Latincsics had been charged with a crime and these
4 charges were pending before the Clark County Superior Court at the time of Mr. Latincsics’

5 application.
6 CONCLUSIONS OF LAW
7 1. Mr. Latincsics altered documents and mismanaged funds related to the sale of
8 wrestling cards on behalf of the Ridgefield High School wrestling tearn. This conduct
9 constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(b) and (c).
10 2. Mr. Latincsics used funds belonging to the high school wrestling club for his
ll personal purposes. This conduct constitutes gross unfitness in violation of OAR 5 84-020-
2 0040(5)(b).
‘3 3. Mr. Latincsics was convicted of the crime of Injury to a Public Record. This
14 constitutes gross unfitness in violation of OAR 584-020-0040(5)(c).
15 4. Mr. Latincsics made a knowing misrepresentation on his application for a
16 teaching license when he denied that he had lefl school-related employment while the subject of
17 an investigation. This conduct constitutes gross neglect of duty in violation of OAR 584-020-
1 8 0040(4)(c).
19 5. Mr. Latincsics made a knowing misrepresentation on his application for a
20 teaching license when he denied that he had been arrested for a crime that was pending before a
21 court. This conduct constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(c).
22 ORDER
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1 1. The Commission denies the application of Ervin L. Latincsics for an Oregon
'2 Teaching License and suspends the right of Mr. Latincsics to apply for a license for a period of 9
3 months from the date of this order. Upon expiration of the period of suspension, Mr. Latincsics
4 may apply for issuance of a license as provided under OAR 584-050-0015. The license license
5 shall be issued if Mr. Latincsics meets the following conditions:
6 a. He shall, at his own expense, undergo an evaluation by a mental health
7 professional who is acceptable to the Commission. Mr. Latincsics shall provide a copy of this
8 order to the evaluator and any other materials the evaluator deems appropriate. The evaluator
9 shall submit a report directly to the Commission. The report shall contain the following: (i) a
10 statement that in the professional opinion of the evaluator, Mr. Latincsics is fit to work as a
11 teacher and there is a high probability that Mr. Latincsics will not mishandle funds or engage in
2 other dishonest or unprofessional conduct in the future; (ii) a description of the processes, testing
‘3 and techniques used in the evaluation; (iii) an explanation of the basis for the evaluator’s
14 findings; (iv) whether there is any underlying physical or mental condition that would prevent
15 Mr. Latincsics from meeting his professional responsibilities; and (v) a recommendation as to
16 whether Mr. Latincsics should participate in continuing treatment.
17 b. The Commission considers the evaluator’s report to be a medical record
18 containing personal information the disclosure of which would constitute an unreasonable
19 invasion of privacy. The Commission shall not disclose the report unless ordered to do so under
20 Oregon law.
21 On issuance of the teaching license, Mr. Latincsics shall be placed on probation to the
22 Commission for a period of four years, subject to the following conditions:
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l l. Mr. Latincsics shall participate in continued treatment or counseling as
.2 recommended by the evaluator.
3 2. Mr. Latincsics shall not accept a school-related position that requires him to
4 handle funds of a school or of any sponsoring organization of a school.
5 3. Mr. Latincsics shall comply with all Standards for Competent and Ethical
6 Performance under OAR 584 Division 020.
7 Violation of any condition of probation may constitute an independent basis for the
8 Commission to impose discipline, up to and including revocation of Mr. Latincsics’ Oregon
9 Teaching License, subject to his right to a hearing on the issue of whether he violated probation.
1 0
11 IT IS SO ORDERED this Q, 7*’ day of , 2004
2 TEACHER NDA AND PRACTICES COMMISSION
Q. é i2
l4 By: , 6300
ictoria Ch ain, Executive Director
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