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. 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 ) AND
5 ABE C. LOPEZ ) ORDER 0F PROBATION
6 On August 9, 2005, Abe C. Lopez (Lopez) submitted an application for a Initial Teaching
7 License to the Teacher Standards and Practices Commission (Commission). Mr. Lopez
8 responded affirmative to character questions 1, 2, 3, 8. 1.0 and 11. Mr. Lopez included a “Notice
9 of Disclosure” as an explanation to his responses.
10 After review ot the matters alleged, Mr. Lopez and the Commission agree that their
1 1 respective interests, together with the public interest, are best serveo by a stipulation to certain
12 facts and a tour (4) year probation. This Order sets forth the facts upor which the parties have
13 agreed and the sanction to be imposed. Mr. Lopez stipulates that there an sufficient facts
14 contained in the Commis sion‘s tiles and records to support the findings of tact t'nd conclusions
'15 of law set forth below. In entering into this stipulation, Mr. Lopez waives the right to 1 hearing to
16 contest the findings 3f fact, conclusions of law and order set torth below. Mr. Lopez
17 understands thr . the probation will be subject to specific terms and conditions.
18 Mr. Lopez enters into this Stipulation ot Facts with the knowledge that the Commission
19 shall p'ace him on probation for a period of four (4) years. This Stipulation is contin ient upon
20 ape-oval and adoption of the Order by the tull Commission. If the Commission does not adopt
21 this Order, neither Mr. Lopez nor the Commissron are bound by these stipulations ano Vlr.
.22 Lopez retains the right to a hearing on the allegations.
23 . STIPULATION OF FACTS ‘
24 1. On August 9, 2005, the Commission received an Application for Educator Licen e
25 Form C<1 requesting a Transitional Teaching License from Mr. Lopez. Mr. Lopez responder
26 affirmative to character questions 1, 2, 3, 8, 10 and 11. Mr. Lopez included a "Notice of
27 Disclosure’ as an explanation to his responses.
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1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - LOPEZ
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' 1 2. Mr. Lopez was arrested in 2001 for Spousal Abuse, he admits guilt in court. Mr.
2 Lopez was arrested again in 2004 for Spousal Abuse while still on probation for the 2001 arrest
3 and conviction. On July 30, 2004, Mr. Lopez surrendered himself to the court to serve sentence
4 for the 2004 conviction and probation violation on 2001 conviction. The 2001 conviction has
5 since been expunged. Mr. Lopez is still on court probation on the 2004 conviction. The arrest
6 for both abuses was handled by the Superior Court of California County of Los Angeies. Mr.
7 Lopez was ordered by the court 36 months probation, fined and 52 weeks of anger
B management counseling.
9 CONCLUSION OF LAW
10 Abe C. Lopez’ criminal conviction and criminal conduct constitute Gross Unfitness as
11 defined in OAR 584-020-0040(5)(c) and OAR 584-020e0040(5)(e). Criminal convictions and
12 criminal conduct, even in the absence of conviction, may be used as evidence to establish an
13 applicant's lack oi fitness to serve as an educator pursuant to OAR 534-050-0006. The
'14 Commission's authority to impose discipline in this matter is based upon ORS 342.143 and
15 ORS 342.175.
16 IT IS SO STIPULATED:
1 7
19 Abe C. Lopez Date
20 ‘
21 _ j~/J '5? ____,___
22 icton'a Ch in xecutive Director Date
23 Teacher Standards and Practices Commission
24 / ll
25 l //
26 l/ l
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2 STIPULATION OF FACTS, OFIDEFI OF REPRIMAND AND PROBATION — LOPEZ
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‘ 1 ' ORDER
2 The Commission adopts the above stipulation of facts and authorizes the issuance of a
3 Transitional Teaching License to Mr. Lopez subject to all standard terms and conditions.
4 Furthermore. the Commission imposes a tour (4) year probation upon Mr. Lopez to
5 commence the date of issuance of said license and subject to the following special terms and
6 conditions of probation:
7 1. Mr. Lopez shall within the first six months of probation, on or before September 5.
8 2006, provide a copy of the anger management treatment plan and aftercare plan as prescribed
9 by the treatment provider;
1O 2. Mr. Lopez shall, at his Own initiative and expense, continue to obtain treatment for
1 1 anger management as recommended by his treatment provider.
12 3. During the period of his probation, Mr. Lopez shell submit to the Executive Director of
13 the Commission reports of his compliance with the aftercare treatment plan. Mr. Lopez shall
.14 provide these reports every six (6) months during his probation. on or before: September 5.
‘ 15 2006; March 5, 2007; September 5, 2007; March 5, 2008; September 5, 2008; March 5, 2009;
16 September 5, 2008; and March 5, 2009.
17 4. Mr. Lopez shall conduct himself as a law-abiding citizen;
18 5. Mr. Lopez shell report in writing within ten days to the Executive Director of the
19 Commission any arrest or citation for any felony, misdemeanor, major traffic vioiation or
2O violation of criminal probation; and
21 6. Mr. Lopez shall comply with the Standards for Competent and Ethical Performance of
22 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
23 Violation of any term or condition of probation shall constitute an independent basis for
24 the Commission to revoke Mr. Lopez‘ teaching license or otherwise impose discipline, after first
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3 STIF'ULATION OF FACTS, ORDER 0F HEPFliMAND AND PROBATION - LOPEZ
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' 1 providing Mr. Lopez with notic'e and opportunity for hearing.
2 IT IS SO ORDERED this £2 day of March, 2006.
3 TEACHER STANDARDS AND PRACTICES COMMISSION
4 " , 0
5 By ‘i
6 Victoria Chamber ar xecutive Director [0220051
7 _ v
4 STIPULATION 0F FACTS, ORDEFI OF HEPFIIMAND AND PROBATION - LOPEZ
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