1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF 5 JEROME G. METTEE ) REINSTATEMENT AND 6 ) PROBATION {7; This matter came before the Teacher Standards and Practices Commission 9 (Commission) on a request by Mr. Mettee for reinstatement of his educator license. Mr. 1O Mettee's license has been revoked since June 20, 2005. 1 1 After review of the matters alleged, Mr. Mettee and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 13 stipulation to certain facts and the imposition of reinstatement and probation. 14 By signing below, Mr. Mettee acknowledges, understands, stipulates, and agrees 15 to the following: (i) he has been fully advised of his rights to notice and a hean'ng to 16 contest the findings of fact, conclusions of law, and order set forth below, and fully and 17 finally waives all such rights and any rights to appeal or otherwise challenge this 18 Stipulation of Facts and Final Order of Reinstatement and Probation (Stipulation and 19 Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to 20 the public upon request by the Commission; (iii) this Stipulation and Final Order is 21 contingent upon and subject to approval and adoption by the Commission. If the 22 Commission does not approve and adopt this Stipulation and Final Order, then neither 23 Mr. Mettee nor the Commission are bound by the terms herein; (iv) he has fully read this 24 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any 25 force or duress, enters into this Stipulation and Final Order and consents to issuance 26 and entry of the Stipulated Final Order below; (vi) he states that no promises or 27 representation has been made to induce him to sign this Stipulation and Final Order, and 28 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has Page 1 STIPULATION OF FACTS & ORDER OF REINSTATEMENT & PROBATION - METTEE 1 been fully advised with regard to his rights thereto, or waives any and all rights to consult 2 with an attorney prior to entering into this Stipulation and Final Order and issuance and 3 entry of the Stipulated Final Order below. 4 STIPULATION OF FACTS 5 1. The Commission first licensed Mr. Mettee in June 13, 1985. Most recently, 6 Mettee held a Basic Teaching License, with endorsements in Basic Health 7 Education and Basic Physical Education, issued January 29, 2004 and revoked 8 June 20, 2005. 9 2. On June 20, 2005, the Commission revoked Mettee’s teaching license by entry of 10 a Stipulation of Facts, Surrender and Order of Revocation. Revocation of his 11 license was based on gross unfitness in connection with three separate 12 instances of making false reports to poiice, including a false report regarding a 13 gunman at the Banks Middle School; and a conviction for Initiating a False 14 Report. 15 3. Pursuant to ORS 342.175 (3) a person whose privilege to apply for a license has 16 been revoked may apply to the Commission for reinstatement of the license or 17 registration after one year from the date of the revocation. 18 4. The Commission considered Mettee's request for reinstatement on October 24, 19 2008. At that time, the Commission required Mettee to submit additional 20 evidence of counseling and treatment that addressed the condition that resulted 21 in Mettee making false reports. 22 5. Mr. Mettee submitted information on February 10, 2009, which the Commission 23 considered during its February 13, 2009, meeting. This information that was 24 submitted addressed a forensic psychological evaluation from 2005. 25 6. At its February meeting, the Commission denied the reinstatement of Mr. 26 Mettee’s teaching license for the following reasons: Page 2 STIPULATION OF FACTS & ORDER OF REINSTATEMENT & PROBATION — METTEE 1 a. The information Mettee submitted did not establish that he had addressed 2 the condition that led to him making false reports, nor did he possess 3 insight required to identify and prevent similar misconduct. 4 b. Mettee’s conduct that resulted in the revocation of his license was not an 5 isolated incident, but was a series of similar incidents occurring over 6 several years. This conduct demonstrated that Mettee did not have good 7 moral character, trustworthiness, or the physical and mental health to 8 hold an educatofs license. 9 7, On April 20, 2009, the case was referred to the Office of Administrative Hearings. 10 A contested case hearing was set for October 28 and 29, 2009. On July 30, 11 2009, the Commission received the requested evaluation from Mr. Mettee’s 12 mental health professional. The parties jointly requested that the hearing be 13 postponed pending the Commission‘s review of the psychological evaluation. 14 8. At its November 2009 meeting, the Commission considered the psychological 15 evaluation, Mr. Mettee's therapeutic history, and his employment history since his 16 conviction for initiation of a false police report, and voted to reinstate Mr. Mettee’s 17 license. 18 9. On December 4, 2009, the Washington County Circuit Court entered a General 19 Judgment Setting Aside the Conviction and Records of Arrest expunging Mr. 20 Mettee's record concerning the initiation of a false police report. 21 lT IS SO STIPULATED: 22 ‘ ___.__ 23 _ m M. I M 24 WV", , / _ Date 5 flay; 1/11,” 4 t1 . M) git/d” 2 ictoriaCh "'7'ain, Executive Director Date 28 Teacher tan ards and Practices Commission Page 3 STIPULATION OF FACTS & ORDER OF REINSTATEMENT & PROBATION - METTEE 1 ORDER 2 The Basic Teaching License of Jerome G. Mettee is reinstated upon application. 3 Upon the reinstatement of licensure, Mr. Mettee shall be placed on probation by the 4 Commission for a period of four (4) years, subject to the following conditions: 5 1. Mr. Mettee shall notify the Commission of any discipline imposed upon him by 6 an employing school district for any reason dun'ng the term of this probation, beginning 7 February 1, 2011; 8 2. Mr. Mettee shall report in writing within ten days to the Executive Director of 9 the Commission any arrest or citation for any felony, misdemeanor, or major traffic 10 violation; and 11 3. Mr. Mettee shall comply with the Standards for Competent and Ethical 12 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584, 13 and Division 020. f1: 14 Issued and dated this 1% day of February, 2010. 15 TEACHER STANDARDS AND PRACTICES COMMISSION 16 STAT OF 0 ' GON 17 j / / -— 1a = , Y 1.12/4‘ _2L//l/.4.1 MO 19 v ictoria C a r = . ercutive Director 20 APPROVED A TO FORM: 21 n— 0 c Ml o 22 / / 23 Ralph E. Wiser, OSB# 814232 24 Attorney for Jerome G. Mettee Page 4 STIPULATION OF FACTS & ORDER OF REINSTATEMENT & PROBATION - METTEE