1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter 0f the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF REVOCATION 5 TIMOTHY MICHAEL BROWN ) 9 On or about March 21, 2008, the Teacher Standards and Practices Commission 8 (Commission) received a report indicating possible inappropriate conduct by Timothy 9 Michael Brown (Brown), a teacher in the North Wasco County School District. 10 After review of the matters alleged, Mr. Brown and the Commission agree that . ' 11. their respective interests, together with the public interest, are best sewed by a 12 stipulation to certain facts and the imposition of a one-year Revocation of 13 By signing below, Mr. Brown acknowledges, understands, stipulates, and agrees 14 to the following: (i) he has been fully advised of his rights to notice and a hearing to 15 contest the findings of fact, conclusions of law, and order set forth below, and fully and 16 finally waives all such rights and any rights to appeal or otherwise challenge this 17 Stipulation of Facts and Final Order of Revocation (Stipulation and Final Order); (ii) this 18 Stipulation and Final Order is a public document and disclosed to the public upon 19 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 20 subject to approval and adoption by the Commission. If the Commission does not 21 approve and adopt this Stipulation and Final Order, then neither Mr. Brown nor the 22 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 23 Final Order, and understands it completely; (v) he voluntarily, without any force or 24 duress, enters into this Stipulation and Final Order and consents to issuance and entry 25 of the Stipulated Final Order below; (vi) he states that no promises or representation has 26 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 27 consulted with an attorney regarding this Stipulation and Final Order and has been fully 28 advised with regard to his rights thereto, or waives any and all rights to consult with an Page 1 STIPULATION OF FACTS AND ORDER OF REVOCATION — TIMOTHY M. BROWN 1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 2 the Stipulated Final Order below. 3 STIPULATION 0F FACTS 4 1. The Commission has licensed Mr. Brown since July 23, 1996. Mr. Brown 5 currently holds a Standard Teaching License, with an endorsement in Basic 6 Advanced Mathematics, issued September 15, 2005 and valid through 7 September 14, 2010. 8 2. On January 24, 2008, while teaching and coaching wrestling in the North Wasco 9 County School District, Mr. Brown was involved in an altercation with two 1O students. During the altercation on the wrestling mat, he hit student X in the face 11 with his foot, and hit student Y on the head with his closed fist. His actions 12 against student X resulted in a conviction of one count of Official Misconduct in 13 the First Degree (a Class A Misdemeanor). The judgment entered against Mr. 14 Brown on August 28, 2008, from Wasco County Circuit Court, ordered him to not 15 teach for three years and not coach for five years. 16 17 lT IS SO STIPULATED: lg "M!L_“1M‘§§g: 2—0°|"/0 20 Na _ Date 3ch o; ~ H5 23 Victoria Ch ' , Executive Director Date 24 Teacher Standards and Practices Commission 25 /// 26 /// 27 /// 28 /// 29 /// Page 2 STIPULATION OF FACTS AND ORDER OF REVOCATION — TIMOTHY M. BROWN 1 CONCLUSION 0F LAW 2 Mr. Brown's use of unreasonable force, as described in paragraph 2 above, 3 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 4 0040(4)(d) (Unreasonable physical force against students, fellow employees, or visitors 5 to the school, except as permitted under ORS 339.250); OAR 584-020-0040(4)(n) as it 6 incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all persons and 7 respect for each individual) and OAR 584-020-0010(5) (Use professional judgment). 8 The Commission may revoke your license pursuant to OAR 584-020-0040(3)(a) (...lf the 9 Commission finds that the nature of the act or acts constituting the crime for which the 10 educator was convicted render the educator unfit to hold a license) and/0r (c) ( is 11 charged with gross neglect of duty). 12 ORDER 13 Based on the foregoing: 14 1. The Commission adopts and incorporates herein the above findings of facts, 15 conclusions of law, and based thereon, revokes the Standard Teaching License 16 of Timothy Michael Brown for a period of one year. 17 2. Before applying for reinstatement, Mr. Brown must obtain, at his own expense, 18 treatment for anger management from a licensed health care provider subject to 19 approval by the Commission. This treatment shall include development of an 20 anger management treatment plan and aftercare plan by the health care 21 provider, as deemed appropriate by the provider. 22 3. Mr. Brown will not be eligible to apply for reinstatement of his license until he can 23 provide a report from the health care provider indicating that he has successfully 24 completed the anger management treatment plan and is complying with the 25 aftercare plan. Page 3 STIPULATION OF FACTS AND ORDER OF REVOCATION — TIMOTHY M. BROWN 1 4. This anger management treatment required as part of any reinstatement 2 application is in addition to any other applicable requirements allowed by the 3 Commission's statutes and rules. rd 4 Issued and dated this Q3 day of February, 2010. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 STATE O ' 0 REGON 7 r 7’ /‘ 8 By 1; .1} _// ////// M1- / 9 ictoria h- 3:155’, Executive Director 10 . 'PROVED AS TO FORM 11 . l 12 4.4 , 4/ //. 11/ 13 S. Bishop, l , OSB# "0228 14 I rney for Timothy Michael Brown Page 4 STIPULATION OF FACTS AND ORDER OF REVOCATION — TIMOTHY M. BROWN