U BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter 0f the ) STIPULATION OF FACTS AND 4 Teaching License of ) ORDER OF SUSPENSION OF 5 TIMOTHY A. KLINE ) RIGHT TO APPLY 6 On or about June 17, 2005, the Teacher Standards and Practices Commission 7 (Commission) received a complete application for a Transitional Teaching License from Timothy 8 A. Kline (Kline). Mr. Kline responded affirmatively to character question 8 regarding a criminal 9 conviction for Driving Under the Influence of Intoxicants (DUII) in September of 1982. A 1O fingerprint inquiry and response from the Federal Bureau of Investigation (FBI) revealed three i 1 additional convictions that Mr. Kline failed to report to the Commission. 12 Mr. Kline fully cooperated with the Commission’s investigation. After review of the 13 matters alleged, Mr. Kline and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation to certain facts and a ninety (90) day Q suspension of his right to apply for a teaching license effective September 1, 2005. 16 This Order sets forth the facts upon which the parties have agreed and the sanction to 17 be imposed. Mr. Kline stipulates that there are sufficient facts contained in the Commission's 18 files and records to support the findings of fact and conclusions of law set forth below. In 19 entering into this stipulation, Mr. Kline waives the right to a hearing to contest the finding of fact, 2O conclusion of law and order set forth below. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Mr. Kline nor the 23 Commission are bound by these stipulations, and Mr. Kline retains all rights to a hearing on the 24 allegations. 25 STIPULATION OF FACTS 6 1. On June 14, 2005, Mr. Kline signed and submitted an Application for Educator ._/ License Form C-1 requesting a Transitional Teaching License. Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION OF RIGHT TO APPLY - KLINE ‘ 2. On the character question section of the application, Mr. Kline responded 2 affirmatively to question 8, “Have you ever been convicted or been granted conditional 3 discharge by any court for: (a) any felony; (b) misdemeanor...?" Mr. Kline disclosed a single 4 DUII conviction in 1982 without documentation. 5 3. Mr. Kline failed to disclose and provide court documents for the following criminal 6 convictions as listed in FBI records: January 8, 1971, “Pres of Narc" in Santa Ana, California; 7 August 25, 1977, “Drunk Driving”, a misdemeanor, in Santa Ana. California; and August 19, 8 1997, Driving Under the Influence, a misdemeanor, in Reno, Nevada. 9 IT IS SO STIPULATED: 10 {m} = fl%l __._ M“ ‘ 05‘ 11 Timothy A. Kline Date 12 13 WM 1Q ' iQ Q.____’05/ 14 ictoria C a berlai ', Executive Director Date 5 Teacher Stan and Practices Commission Q CONCLUSIONS OF LAW 17 Mr. Kline misrepresented his criminal convictions on an application for licensure which 18 constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(c). These convictions, in 19 addition to Mr. Kline’s failure to disclose them, are basis for denial of licensure pursuant to OAR 20 584-050-0006(1) and (3). The Commission's authority to impose discipline in this matter is 21 based upon ORS 342.175. 22 ORDER 23 The Commission adopts the above findings of facts and suspends Timothy A. Kline’s 24 right to apply for licensure for a period of ninety (90) days effective September 1, 2005. M 25 lT IS SO ORDERED this i day of November, 2005. 26 TEACHER STANDARDS AND PRACTICES COMMISSION 58 BMW 29 Victoria Chamb ' , xecutive Director [100505] Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION OF RIGHT TO APPLY — KLINE