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 ORDER

5 MARSHALL HAYNE PRICE ) OF PROBATION

6 )

7 On August 25, 1997, Marshall Hayne Price applied for reinstatement of his Basic Teaching License l

8 endorsed for Music. The application was jointly sponsored by Corvallis School District requesting

9 expedited Service. Price disclosed on his application that his Oregon License as an insurance agency
10 had been revoked for neglect of his fiduciary duty. The Executive Secretary determined that there was
11 sufficient evidence to warrant a hearing and informed Price 0f his intent to deny licensure as a teacher
12 and of Price’s opportunity for a hearing on the matter. The Executive Secretary proposed a
l3 Stipulation of Facts and Order of Probation. Price has entered into this agreement with the knowledge
l4 that he has waived his opportunity for hearing and that substantial evidence exists in the record to
15 support the following Findings of Fact.
16 FINDINGS OF FACT
17 l. Marshall Price held an Oregon Basic Teaching License endorsed for music and valid from July
18 l, 1973 to June 30, 1976.
19 2. Price was an agent of State Farm Insurance from 1975 to 1993 and was licensed by the
20 Oregon Consumer and Business Affairs Division for all types of insurance. Price’s insurance

21 agency was located in Corvallis, Oregon.
22 3. In 1993, State Farm and Oregon Consumer and Business Affairs, acting on information
23 provided by another employee in the Corvallis firm, determined that Price had been co-
24 mingling client accounts with personal funds for the previous 15 months and had borrowed
25 $7,304 from client premiums without the knowledge of the clients or the insurance company.
26 4. At the time of the investigation Price had repaid all loans, but clients had been Without
27 insurance for periods of time as a result of Price’s actions. However, no clients had been
28 denied payment of claims as a result of Price’s failure to make timely premium payments.
29 5. On June 25, 1994 the Oregon Consumer and Business Affairs Division revoked Price’s license
3O as an insurance agent.
31 6. At the time of his loan from client premiums, Price was experiencing financial difficulties in
32 his second marriage, exacerbated by continuing obligations from his first marriage. Price’s
33 second marriage has since ended in divorce.
34 7. Price has sought counseling from Dr. Ken Jones, Corvallis Counseling Center, and Dr. Charles
35 Kuttner, a psychiatrist from Albany. This counseling is continuing at this time.
PAGE l--PROPOSED STlPULATION AND ORDER--MARSHALL HAYNE PRICE
l ,

1 8. Price arranged for the Executive Secretary to confer with both Drs. Jones and Kuttner
‘g regarding Price’s readiness to handle the financial responsibilities of a music teacher. Both
rated Price’s progress in dealing with his problems as very positive and predicted that he
4 would have no further difficulties with inappropriate management of funds.
5 9. Since Price’s termination by State Farm Insurance, he has been enrolled in a graduate program
6 at Oregon State University preparing to re-enter education.
7 10. Corvallis School District selected Price to fill a late vacancy in the music program at Cheldelin
8 Middle School. The interview panel were aware of Price’s previous financial difficulties as an
9 insurance agent and recommended his employment, his previous history notwithstanding.
10 Marshall Hayne Price enters into this Stipulation of Facts with knowledge that the Teacher Standards
ll and Practices Commission will place him on probation for a period of four years. This Stipulation is
l2 contingent upon approval and adoption of the Order by the Commission. If the Commission does not
l3 adopt this Order, neither Mr. Price nor the Commission is bound by these stipulations, and Mr.Price
l4 retains all rights to a hearing on the allegations.
15 1?; so ST ULATED: 0
/ I V; r" I‘ / 7, J! I
16 / ’ Q 2
17 M shall Hayne Price Date
o Q \ if
\ 4N,‘
18 M F, /Zt7
l9 David V. Myton, Executi e Secretary Date
20 Teacher Standards and Practices Commission
21 ULTIMATE FlNDINGS OF FACT
22 Marshall Hayne Price was revoked as an Oregon insurance agent for misappropriating $7,304 fi'om
23 client premiums without the permission of the clients or State Farm Insurance.
24 CONCLUSIONS OF LAW
25 Under ORS 342.143 and OAR 584-50-006, the Executive Secretary may deny a license when there is
26 evidence that the prospective educator may lack fitness to serve in this capacity.
. PAGE 2--PROPOSED STIPULATION AND ORDER--MARSHALL HAYNE PRICE

1 OPINION
.2 Marshall Price’s position as an insurance agency has a relationship to the responsibilities of a music

3 teacher. In his capacity as a teacher he may have responsibility to handle fund raising monies, student
4 accounts, or district monies for purchases of equipment, instruments, materials, and music. His ability
5 to handle the fiduciary responsibilities as an insurance agent is relevant to the position as a teacher.
6 ORDER
7 The Teacher Standards and Practices Commission approves issuance of an Oregon Basic Teaching
8 License endorsed for music to Marshall Hayne Price and places him on probation for a period of four
9 years. During this probation Price shall:

10 l) Conduct himself as a law-abiding citizen.

ll 2) Perform duties as a teacher within the policies and procedin'es of the employing district.

l2 3) Exemplify personal integrity in handling of funds entrusted t0 him as the result of being a

13 licensed educator.

14 Dated this z 5 day of #1 , 1997.

15 TEACHER STANDARDS AND PRACTICES COMMISSION

16 By: i g 2E f M 2M

l7 David V. Myton, Executi e Secretary

1 8 DVM/cs

PAGE 3--PROPOSED STIPULATION AND ORDER--MARSHALL HAYNE PRICE

.1 CERTIFICATE OF MAlLING

2 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me as
3 such by U. S. First Class Mail and U.S. Certified Mail with Return Receipt Requested to:
4 MARSHALL HAYNE PRICE
5 1014 NW FILMORE

6 CORVALLIS OR 97330

, ‘rm .
7 Dated this Zé / day of ’ , 1997.
8 Bywa/C
9 Char/léne A. Smith '
10 Secretary to the Commission
PAGE 4--PROPOSED STIPULATION AND ORDER--MARSHALL HAYNE PRICE