1 BEFORE THE TEACHER STANDARDS AND PRACTlCES CONTMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF rac'rs AND 4 Teaching firem- of ) must. ORDER OF Revocimou 5 JAMES JOSEPH RUSSO 1 OF RIGHT 'ro APPLY FOR LICENSURE 6 On or about December 16, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a report from Carol Miller, Secretary, Salem-Keizer Public Schools indicating I 8 that James Joseph Russo {Russo} while substituting at Bush College Elementary, was recognized by a 9 district employee as a person who made improper sexual advances toward her and a friend in the mid- 1 O 7o’s,, when they were young girls acquainted with Mr. Russo in the community. l 1 ' After review of the matters alleged, Russo and the Commission agree that their respective 12 interests, together with the public interest, are best served by a stipulation to certain facts and 13 revocation of his right to apply for licensure. l4 This document sets forth the facts upon which the parties have agreed and the stipulated 1 5 sanction to he imposed. Russo stipulates that there is sufficient evidence in the Commission’s files ‘l 6 and records to support the findings of fact, conclusions of law, and order set forth below. 1 7 By signim below, Russo acknowledges, understands, stipulates, and agrees to the folloWing: 18 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact, 1 9 conclusions of law, and order set forth below; and fully and'finally waives all such rights and any rights 20 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Revocation of Right to 21 Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and . 22 I disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is l , 23 contingent upon and subject to approval and adoption by the Commission. If the Commission does 24 not approve and adopt this Stipulation and Final Order, then neither Mr. Russo nor the Commission 25 are bound by the terms herein; (iv) he has ‘fully read this Stipulation and Final Order, and understands 26 it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final 27 Order and consents t0 issuance and entry of the Stipulated Final Order below; (vi) he states that no 28 promises or representation has ‘been made ‘coji'iduce him to sign this Stipulation and Final Order; and Page 1 STIPULATION OF FACTS, 'REVOCATION OF RIGHl’. TO APPLY -— RUSSO, JAMES JOSEPH 1 (vii) he has consulted with an attorney regarding this Siipulation and Final Order and has been fully 2 advised with regard to his rights thereto, or waives any and, ali rights to consult with an attorney prior 3 to entering into this Sijpulation and Final Order and issuance and entry of the Stipulaied Final Order 4 below. ' 5 STIPULATION OF FACTS 6 1) The Commission has licensed James Joseph Russo since July 1, 1973. The Commission issued 7 a Basic Teaching to Mr. Russo with a Basic Elementary endorsement on January '8, 2004, 8 which expired on January 27, 2007‘ Mr. Russo is retired from teaching 9 2) It was reported to the Commission That Mr. Russo made improper sexual advances toward two 10 girls in the community in the 1970's. 1 1 3) Mr. Russo was alleged to have engaged in a sexual relationship with one of the girls beginning 12 when she was approximately 9-10 years old and continuing for approximately a year and a 1 3 half. 14 4) The second girl alleged that Mr. Russo made an attempt to engage in sexual activity with her, 15 but she successfully repulsed his attempt. 1 6 5) During the time of theselincidents Mr. Russo was licensed by the Commission. Neither of the 1 7 girls involved were students of Mr. Russo. I 18 6) Mr. Russo does not admit these allegations; however, he agrees that the Commission has 1 9 sufficient evidence to revoke his right to apply for licensure. 20 lTI S" STIPULA ii' 21 4 no" a‘ 5’ ~51;ng __ 22 J 759%, / Date / i 23 * J/iI div/n err/A ' ME." 24 ietoria Ch - ‘m xecutive Director Date 25 Teacher Standards and Practices Commission 26 CONCLUSIONS OF LAW 27 i The above described conduct that James Joseph Russo engaged in const'tutes Gross linfitncss 28 and Gross Neglect of Duty in violation of ORS 342.175ib) and (c). 29 The Commission’s authoziiy to impose discipline in this matter is based upon ORS 342.175. Page 2 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY - RUSSO, JAMES JOSEPH 1 ORDER . 2 The Commission hereby adopts and incorporates herein the above findings of fact and revokes 3 James Joseph Russo’s right to (‘apply for a teaching license. I 4 ITIS so ORDERED this flay (>sz 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 / 1 \ 7 By; Zji@mm Q MM _ B lctoria Ch a1 , xecutive Director 9 Approved 1 0 12 T nmas K. Doyle, OSB #97251 . 13 it rney for James Joseph Russo Page 3 STlPULATION OF FACTS, HEVOCATION OF HiGHT TO APPLY -— RUSSO, JAMES JOSEPH