. 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
"2 OF THE STATE OF OREGON
2 In the Matter of the )
5 Teaching License of ) PUBLIC REPRIMAND AND
6 ROBERT DAVIS MARKLAND ) ORDER OF PROBATION
g l
9
10 On September 24, 1996, the Teacher Standards and Practices Commission
11 (Commission) issued a Notice of Opportunity for Hearing, proposing to suspend or
12 revoke the teaching license of Robert Davis Markland (Markland) or otherwise impose
13 discipline under ORS 342.177. On October 2, 1996, Markland requested a hearing,
14 through his attorney, Paul Gamson and the Commission scheduled a hearing for
15 March l7 and 18, 1997. An amended Notice of Opportunity for Hearing dated
16 February 25. 1996 was provided to Markland’s attorney. The hearing took place as
17 scheduled with a hearing panel consisting of: Martin Morris. John Tenny and Susan
18 Wilcoxen. Commissioner Paul Meyer served as hearing officer. Assistant Attorney
19 General Joe McKeever represented the Commission. Paul Gamson, Smith, Gamson,
20 Diamond & Olney, represented Mr, Markland. The hearing was conducted as a
(~ '21 contested case matter and was mechanically tape recorded.
22
23 The panel heard testimony from the following witnesses who were called by the
24 Commission: Dawn Dement, Linda Figiel, Detective Thomas Kipp, Carrie Lackas,
25 Shirley Lackas, Karen Richey, Beth Schobel and Vic Marcheck.
26
27 The following witnesses testified on behalf of Mr. Markland: Lyle Charon, Karen
28 Scourfield, Ann Davis, Donald Stearns, Alfred Hulbert, Valerie Wright and Robert
29 Markland.
30
31 The following exhibits were offered by the Commission and received into evidence:
g; TSPC 1 Application for teaching license, dated 10/26/93.
3; TSPC 2 Decree of Dissolution and Man'tal Settlement Agreement, dated 3/ 1/95.
33
1" t PAGE 1-—PROPOSED AMENDED ORDER-~ROBERI‘ DAVIS MARKLAND

1 TSPC 3 Deschutes County Sheriffs report and statement forms, dated
. 2 12/ 18/95.
3
4 TSPC 4 Unsigned letter, dated 3/96.
5
6 TSPC 5 Investigation report of Missouri State Highway Patrol, dated 4/ 1 1 / 96.
7
8 TSPC 6 Investigation report of Missouri State Highway Patrol, dated 4/30/96.
9
10 TSPC 7 Diversion Agreement and Order staying proceeding, dated 2/28/96.
l 1
12 TSPC 8 Letter from Andrew Schob, M.S., dated 7/25/96.
13
14 TSPC 9 Investigation report of Oregon State Police, dated 5/9/96.
15
16 TSPC 10 Letter from Karen Richey, dated 6/18/96.
l7
18 TSPC l 1 Report of Missouri State Highway Patrol, dated 8/ 21 / 96.
19
20 TSPC 12 Report of Oregon State Police, dated 9/3/96.
21
22 TSPC 13 Order to Dismiss, dated 9/20/96.
23
24 TSPC l4 Excerpts from deposition of Robert Markland (pages 51 and 52; 49 and
25 50), dated 1/27/97.
‘26
27 TSPC 15 Oregon Uniform Jury Instructions No. 14.01 (Burden of Proof] and No.
28 14.02 (Preponderance of the Evidence).
29
30 TSPC 16 Oregon State Police Videotape of Robert Markland interview on 3/3/96.
31
32
33 No exhibits were offered by Mr. Markland.
34
35 FINDINGS OF FACT
36 1. Mr. Markland and Carrie Lackas. a minor of 15 years of age, were on a canoe
37 trip in Missouri during the Summer of 1990. The preponderance of the
38 evidence does not support the charge that Mr. Markland furnished alcohol to
39 Carrie Lackas or had sexual contact with her.
4O 2t Mr. Markland and Carrie Lackas did attend a baseball game in St. Louis,
41 Missouri during the Summer of 1990. The preponderance of the evidence does
42 not support the charge that Mr. Markland furnished alcohol to Carrie Lackas or
43 had sexual contact with her.
' PAGE 2-—PROPOSED AMENDED ORDER—-ROBERF DAVIS MARKLAND

1 3. Mr. Markland and Carrie Lackas were at an after-school activity at a school
. 2 where Mr. Markland was employed as a teacher. The preponderance of the
3 evidence does not support the charge that Mr. Markland had sexual intercourse
4 with her.
5 4. Carrie Lackas was in Fort Myers, Florida in August 1990 with Mr. Markland
6 and his family on a vacation. The preponderance of the evidence does not
7 support the charge that Mr. Markland had sexual intercourse with her.
8 5. Carrie Lackas did assist Mr. Markland in painting a residential building in
9 Missouri. The preponderance of the evidence does not support the charge that
10 Mr. Markland had sexual contact with Carrie Lackas.
11 6. In November 1992, Carn'e Lackas was in Oregon in Mr. Markland’s home. The
12 preponderance of the evidence does not support the charge that Mr. Markland
13 furnished alcohol to her.
14 7. On December 17, 1995, Mr. Markland assaulted Brian Dement by grabbing
15 Dement by the hair and throwing him to the ground in the area outside the
16 residence of Mr. Markland’s former wife in Bend, Oregon. As a result, Mr.
l7 Markland was arrested and charged with the crime of Assault in the Fourth
.18 Degree. Pursuant to plea negotiations, the charge was reduced to the crime of
19 Harassment, a class B misdemeanor. On February 28, 1996, Mr. Markland
2O entered a plea of guilty to the crime of Harassment in the Deschutes County
21 District Court. Pursuant to plea negotiations, the court approved a diversion
22 agreement in which Markland agreed to pay a diversion fee of $50, and an
23 assessment fee of $545, restitution to Brian Dement in the sum of $169 and to
24 complete anger evaluation and counseling/ treatment and the case was
25 dismissed on September 20, 1996.
26
27 ULTIMATE FINDINGS OF FACT
28 The facts in Finding of Fact number 7 constitute a violation of Standards for
29 Competent and Ethical Performance of Oregon Educators under OAR 584, Division
30 20.
3 1
32
' PAGE 3—-PROPOSED AMENDED ORDER-~ROBERT DAVIS MARKLAND

1 ORDER
. 2 1. The Commission imposes a Public Reprimand on Robert Davis Markland and this
3 Order shall serve as a reprimand.
4 2. The Commission places Markland on probation for a period of six months from the
5 date of this order subject to the following conditions:
6 a) Markland shall violate no law: and
7 b) Markland shall comply with all Standards for Competent and Ethical
8 Performance of Oregon Educators under OAR 584, Division 20. Violation of any terms
9 of Marklands probation shall constitute a basis for the Commission to charge
10 Markland with further violations of the Standards for Competent and Ethical
11 Performance of Oregon Educators, after first providing Markland with notice and
12 opportunity for hearing on the issue of whether he violated his probation.
13
14
“ f’ /_
15 Dated this 47/ day of M15?’ , 1997.
16
17 TEACHER STANDARDS AND PRACTICES COMMISSION
18
. 19 f ,
20 ' . c __
21 By: W/ ' kg I‘,
22 David V. Myton, Executi e Secretary
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
27 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
28 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
29 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
30
3 1 DVM / cs
32
33
34
. PAGE 4——PROPOSED AMENDED ORDER—-ROBERT DAVIS MARKLAND

. CERTIFICATE OF MAILING
I hereby certify that I served the foregoing order by mailing a true copy
thereof certified by me as such by U.S. Certified Mail with Return Receipt
Requested to attorney for Robert Davis Markland:
PAUL GAMSON
SMITH, GAMSON. DIAMOND & OLNEY
2 l 10 SW JEFFERSON SUITE 200
PORTLAND OR 97201-7712
. n / ,
Dated this fig mday of , 1997.
//"\ _ , “'7
By: '9 ' r W
C lene A. Smith
Secretary to the Commission