1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

5 OF THE STATE OF OREGON

4 In the Matter of the Educator License of ) DEFAULT ORDER OF

5 ROBERT EDWARD KRATZ ) SUSPENSION OF RIGHT TO APPLY

g ) FOR LICENSURE

8 On January 3, 2017, the Teacher Standards and Practices Commission (Commission) issued
9 a Notice 0f Opportunity for Hearing to Robert Edward Kratz (Kratz) in which the Commission

1 10 charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S.

1 1 1 Certified Mail Receipt 7016 0750 0000 2419 0679 to the address on file with the Commission. The
12 Notice designated the Commission file as the record for purposes of proving a prima facie case. The
l3 Certified Mail receipt was signed and returned to the Commission on January 21, 2017. The regular,
l4 first class mail was not returned t0 the Commission, and is assumed to have been delivered. The
15 Notice of Opportunity for Hearing, dated January 3, 2017, and signed by Monica Beane, Executive
l6 Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF
20 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL T0 APPEAR AT A HEARING, THE
21 COMMISSION WILL ADOPT AN ORDER 0F DEFAULT WHICH MAY INCLUDE THE
22 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
2:1 Kratz did not request a hearing. The Commission, therefore, finds Kratz t0 be in default and enters
25 the following findings of fact, conclusions of law, and final order, based on the files and records of

1 26 the Commission concerning this matter.
27
28 FINDINGS 0F FACT
29 1. Robert Edward Kratz has been licensed by the Commission since September 22, 2010. Kratz
3O held an Initial I Teaching License, with endorsements in Multiple Subjects Self-Contained '
31 (ECE/ELE) and Multiple Subjects (MIDLVL), valid from January 4, 2014, through January
32 3, 2017. Kratz did not make a complete application for renewal. During all relevant times,
33 Kratz was employed by the Neah-Kah-Nie School District.
34 2. On April 20, 2015, the Commission received information from the Neah-Kah-Nie School
35 District indicating Kratz may have committed acts which constitute gross neglect of duty. The
36 district reported they suspected Kratz had been under the influence of alcohol 0n school

‘ 37 grounds. When a school administrator found Kratz in his assigned classroom on April 17,

. 38 2015, Kratz appeared to be asleep. Once contacted and observed, the administrator believed

1 39 Kratz t0 be under the influence of intoxicants as Kratz displayed slurred speech, slow

1

£22521-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE — ROBERT EDWARD

l reaction times, and Kratz were unable to track normally with his eyes. Administrators
2 contacted local law enforcement who made observations and conducted a presumptive
3 breath test for alcohol. The breaflialyzer test displayed a red light, indicating the highest
4 possible indicator of alcohol present. The officer indicated that in his experience, a red test
5 result indicated a blood alcohol content (BAC) of .08 percent or above. Kratz told those
6 present that he had consumed alcohol the night before, stopping at approximately 9 p.m. and
7 had taken the prescribed dose of his codeine medication earlier that morning. Contrary to
8 test results and multiple first hand observations, Kratz denied consuming any alcohol that
I 9 morning. While waiting for a taxi to arrive to drive Kratz home, those present observed Kratz
10 to move clumsily, pass in and out of consciousness, and described smelling alcohol on Kratz’s
ll breath and person from as far away as seven feet. Kratz has denied any alcohol abuse issues
12 and informed Commission staff that he has sought no related treatment. Kratz was removed
13 from the substitute teacher list by the Neah-Kah-Nie School District due to this conduct and
l4 policy violations.
15 CONCLUSIONS OF LAW
16 Kratz’s conduct described in above, constitutes gross neglect of duty in violation of ORS
17 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional
l8 judgment), OAR 584-020-0025(2)(e) (Using district lawfirl and reasonable rules and regulations);
19 and OAR 584-020-0040(4)(g) (Appearing on duty or at any district-sponsored activity while
20 under the influence 0f alcohol or any controlled substance).
21
22 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
23
24 FINAL ORDER
25
26 The Commission hereby suspends Robert Edward Kratz’s right to apply for an Oregon
27 educator’s license for a period of thirty (30) days.
28 II“
29 IT rs so ORDERED THIS £27 - day of February, 2017.
30 TEACHER STANDARDS AND PRACTICES COMMISSION
.
3, By: Wm M
32 Monica Beane, Executive Director
EQEIIE;—DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE — ROBERT EDWARD

I NOTICE OF APPEAL OR RIGHTS
2
3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF
5 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
6 THE OREGON COURT OF APPEALS.
I
I
I
PAGE 3-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE — ROBERT EDWARD
KRATZ

CERTIFICATE 0F MAILING
I hereby certify that I served the foregoing Default Order of Suspension of Right to Apply for Licensure,
certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt
Requested, addressed to:
Robert Edward Kratz »
PO Box 275
Forest Grove, OR 97116
_ 2 t1
Dated this 7 ' day of February, 2017.
q / ,
By: ' 4 1L “444L414
Patty £76 on
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— ROBERT EDWARD KRATZ