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BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
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. OF THE STATE OF OREGON
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In the Matter of the
4 Teaching License of
STIPULATION OF FACTS, ORDER OF
5 MARK PAUL ALLEN SUSPENSION AND ORDER OF PROBATION
6 The Teacher Standards and Practices Commission (Commission) issued a Notice of
7 Opportunity for Hearing on March 20, 2002 to Mark Paul Allen, proposing to impose discipline
8 under ORS 342,177. Mr. Allen requested a hearing to contest the allegations in the notice. Aﬁer
9 review of the matters alleged, the Commission and Mn Allen have agreed that their respective
10 interests, together with the public interest, are best served by a stipulation to certain facts and the
11 suspension of Mr. Allen’s teaching license, followed by a period of probation.
12 In entering into this stipulation, Mr‘ Allen waives his right to a hearing and understands
13 that the Commission will suspend his teaching license for a period of ﬁve (5) months‘ This
I 14 stipulation and order are contingent on approval by the full Commission‘ If the Commission does
15 not approve this stipulation and proposed order, it is understood by Mr Allen and the
16 Commission that any waiver of rights by Mr, Allen is therefore revoked, It is further understood
17 that the statements contained in this stipulation may not be used by either the Commission or MI.
18 Allen for any reason if the Commission fails to approve the stipulation and proposed order.
19 STIPULATED FACTS
20 Mr Allen and the Commission stipulate as follows:
21 l. Mr. Allen has held an Oregon Teaching License since July 1984. He currently
22 holds a standard license with a subject matter endorsement in music.
Page 1 - STIPULATION OF FACTS, ORDER OF SUSPENSION AND ORDER OF PROBATION
(. JGM/jaw /GENC5169.doc
\. Department of Justice ,
1102 Court Street NE
Salem, OR 91301-4096 a
(503) 372-6003 <

l
2. Mr. Allen has been employed as a music teacher and band director with the Coos
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' Bay School District since 1993.
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3i Between 1998 and September 2000, Mr‘ Allen was a member of the South Coast
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Chapter of the Oregon Music Education Association, and he served as treasurer of
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the organization during that period.
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4. Between 1998 and September 2000, Mr. Allen converted approximately $14,000
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of the Association’s funds to his personal use. Mr. Allen’s activities were
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discovered when he deposited a donation to the school district into the Oregon
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Music Education Association account and then was unable to repay the money due
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to lack of funds in the Association account. A subsequent audit revealed that MI‘
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Allen had written approximately $14,000 in Association checks for his personal
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use.
o @1455); a 7
14 ~> a ' ‘ ' j l (1267091
Mark aul Allen Date
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16 M /j? £002“)
Victoria Ch ain te
l7 Executive Director
18 CONCLUSION OF LAW
19 Mr. Allen’s conduct constitutes gross neglect of duty in violation of OAR 584-020-
20 0040(4)(0), 584-020-0035(2)(b) and (3)01), 584-020-0040(4)(c) and 584-020-0040(5)(b).
21
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’ J GM/jaw /GENC5 169.doc
Department of Justice
l 162 Court Street \'l.
Salem. OR 91301-4096
(503) 372-6003

l DISCUSSION
2 Mr. Allen’s conduct clearly warrants a suspension of his teaching license. In imposing a
’ 3 sanction, the Commission has considered the factors listed under OAR 584-020-0045 and all
4 other relevant factors. Signiﬁcant aggravating factors include the fact that Mr. Allen’s conduct
5 was dishonest and directly related to his professional responsibilities. His conduct was also not an
6 isolated event; it was continuous and ongoing, until discovered by school officials.
7 Signiﬁcant mitigating factors include the fact that Mr. Allen has repaid all of the ﬁinds that
8 he improperly spent, and that his employing school district has indicated support for Mr. Allen as
9 a teacher and has expressed an intent to rehire Mr. Allen at the end of his term of suspension.
10 ORDER
11 The Oregon Teaching License of Mark Paul Allen is suspended for a period of ﬁve (5)
12 months from July l, 2002 through November 30, 2002. Upon expiration of the period of
13 suspension, Mr. Allen’s teaching license shall be reinstated upon the following conditions:
‘ 14 1. Mr. Allen shall submit an application for reinstatement as provided under OAR
15 584-050-0015.
16 2‘ Mr. Allen shall, at his own expense, obtain an evaluation by an evaluator who is
17 acceptable to the Commission. The evaluator shall provide a written report to the
18 Commission. The report shall contain the following:
19 a. A list of the processes and techniques used in the evaluation, e. g. testing,
20 interviews, etc, and a list of the materials used and reviewed in the
21 evaluation.
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1162 Court Street NE
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b. A statement of the evaluator’s ﬁndings and an explanation for the basrs of
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' these ﬁndings. The evaluator’s ﬁndings and explanation need not include a
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detailed medical history or a speciﬁc medical diagnosis, unless, in the sole
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Judgment of the evaluator, such information is necessary to provrde a full
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and accurate response.
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c. A statement that, in the professional opinion of the evaluator, Mr, Allen is
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ﬁt to work with students, and that there is a high probability he Will not
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engage in dishonest or fraudulent activity or other inappropriate behavror in
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the future.
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d. A recommendation as to whether Mr. Allen should participate in continued
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therapy, counseling or treatment.
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5. At the outset of the evaluation, Mr, Allen shall provide a copy of this order and a
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. copy of the Commission’s investigation report dated February 7, 2002 to the
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evaluator. Mr. Allen shall cooperate in the evaluation which may include testing,
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interv1ews and any other actrvrties the evaluator may consider necessary to
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complete the evaluation.
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6. The Commrssion W111 consider the evaluator’s report to be a medical record
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containing personal information the disclosure of which would constitute an
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unreasonable invasion of privacy. The Commission agrees not to disclose the
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report to third parties unless ordered to do so under Oregon law.
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7. Upon reinstatement of his teaching license, Mr. Allen shall be placed on probation
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for a period of three (3) years, subject to the following conditions:
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' JGM/jaw /GENC5169.doc
Department oflusticc
l 162 Court Street NE
Salem, OR 97201-4096
(503) 378-6003

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l) Mr. Allen shall comply with all standards for competent and ethical
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. performance under OAR 584 Div 020.
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2) Mr. Allen shall participate in continuing therapy, counseling or treatment as
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recommended by the evaluator in paragraph 2 above.
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3) Mr. Allen shall provide consent for his treatment provider to contact the
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Commission or to respond to Commission inquiries in order to verify Mr.
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Allen’s participation and cooperation in any treatment recommended by the
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evaluator.
4) Violation of any conditions of probation may constitute an independent
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basis for the Commission to impose discipline, up to and including
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revocation of Mr. Allen’s Oregon Teaching License, subject to his right to
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a hearing on the issue ofwhether he violated probation.
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14 _ gill
IT IS SO ORDERED this day of 2002.
1 5 '
TEACHER STANDARDS AND PRACTICES COMMISSION
16 f '1, , , /t
/
Victoria Chambw xecutive I irector
l8
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2O
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Page 5 - STIPULATION OF FACTS, ORDER OF SUSPENSION AND ORDER OF PROBATION
' JGM/jaw /GENC5169.doc
Department ol'Justice
1162 Court Street NE
Salem, OR 973014096
(503) 378-6003