1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) AND FINAL ORDER

5 RANDALL LEE METZGER ) OF SUSPENSION

€7s On December 7, 2009, the Teacher Standards and Practices Commission (Commission)

8 received a report from the Banks School District, indicating that Randall Lee Metzger (Metzger)

9 appeared on school ground under the influence of alcohol.
1O Afier review of the matters alleged, Mr. Metzger and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to certain
12 facts and imposition of a suspension upon his teaching license.
13 This document sets forth the facts upon which the parties have agreed and the stipulated
14 sanction to be imposed. Mr. Metzger stipulates that there is sufficient evidence in the
15 Commission’s files and records to support the findings of fact, conclusions of law, and order set
16 forth below.
17 By signing below, Mr. Metzger acknowledges, understands, stipulates, and agrees to the
18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Order of
21 Suspension (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public
22 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and
23 Final Order is contingent upon and subject to approval and adoption by the Commission. If the
24 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr.
25 Metzger nor the Commission are bound by the terms herein; (iv) he has fully read this

Page 1 STIPULATION OF FACTS, AND FINAL ORDER OF SUSPENSION — METZGER, RANDALL LEE

1 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force
2 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the
3 Stipulated Final Order below; (vi) he states that no promises or representation has been made to
4 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney
5 regarding this Stipulation and Final Order and has been fully advised with regard to his rights
6 thereto, or waives any and all rights to consult with an attorney prior to entering into this
7 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This I
8 stipulation is contingent upon approval and adoption of the Order by the Commission. If the
9 Commission does not adopt this Order, neither Mr. Metzger nor the Commission are bound by
1O these Stipulations and Mr. Metzger retains all rights to a hearing on the allegations.
11 STIPULATION OF FACTS
12 1. The Commission has licensed Mr. Metzger since August 8, 1979. Mr. Metzger holds a
13 Standard Teaching License, with Basic Elementary and Standard Handicapped
14 endorsements, issued February 15, 2009 and valid through February l4, 2014.
15 2. On the moming of November 10, 2009, co-workers reported smelling alcohol on Metzger.
16 Metzger acted unusually by attempting to avoid breathing toward others by turning his head
17 away, and standing at an unusual distance to have conversations.
18 3. Metzger was observed consuming alcohol from a bottle he retrieved from his car. Later in
19 the morning, Metzger attended a driver's training course away fiom school to receive
20 certification for driving students. Afier the training Metzger submitted to a breathalyzer test
21 showing he had a 0.38 blood alcohol level.
22 4. The incidents of November were preceded by staff documenting other dates in 2009 on
23 which Metzger smelled of alcohol. Specifically it was reported that he smelled of alcohol or
Page 2 STIPULATION OF FACTS, AND FINAL O‘! OF SUSPENSION — METZGER, RANDALL LEE

1 exhibited behavior suggesting alcohol use on October 8, October 10, October 30 and
2 November 2. Metzger’s employer also documented instances Where he failed to complete
3 work or submitted incomplete student IEP‘s (Individualized Education Plans).
4 5. 0n January 28, 2010, Metzger spoke with a Commission investigator by phone. During that
5 conversation he denied ever consuming alcohol on school grounds. Regarding the incident
6 of November 10, 2009, Metzger told the investigator that he had been drinking late into the
7 night the day before and had consumed a mini bottle of vodka that day, which he estimated to
8 contain approximately two ounces of alcohol.
9 6. Metzger subsequently successfully completed an alcohol treatment program.
10 IT I 't STIPU 1 TED:
11 M%”//le ' ALLL" “ i
12 ' ee Metz; / Date
13 ..~-//’% 3-0?”
14 ictoria C I‘ ain, Executive Director Date
15 Teacher Standards and Practices Commission
16 CONCLUSION OF LAW
17 Randall Lee Metzger consumed alcohol on district property and appeared on duty on district
18 property under the influence of alcohol. This constitutes gross neglect of duty in violation of
19 ORS 342.175(1)(b); OAR 584-020-0040(4)(g) (Appearing on duty 0r at any district-sponsored
20 activity while under the influence of alcohol or any controlled substance); and OAR 584-020-
21 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment).
22 Metzger failed to complete work on student records during the period he was suspected of
23 being under the influence of alcohol during work hours. This constitutes gross neglect of duty
24 in violation of ORS 342.175(l)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
Page 3 STIPULATION OF FACTS, AND FINAL ORDER OF SUSPENSlON — METZGER, RANDALL LEE

1 0010(5) (Use professional judgment) and OAR 584-020-0025(2)(c) (Using and maintaining
2 student records as required by federal and state law and district policies and procedures).
3 Metzger was untruthful with a Commission investigator when questioned about his alcohol
4 issues during school time. This constitutes gross neglect of duty in violation of ORS
5 342.175(l)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use
6 professional judgment); OAR 584-020-0040(4)(c) (Knowing falsification of any document or V
7 knowing misrepresentation directly related t0 licensure, employment, or professional duties).
8 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
9 ORDER
1O The Commission adopts and incorporates herein the above findings of fact and
11 conclusion of law, based thereon, hereby imposes Suspends the Teaching License of Randall Lee
12 Metzger for 9 months.
13 IT IS SO ORDERED this /é7‘::y ofMay, 2011.
14 TEACHER STANDARDS AND PRACTICES COMMISSION
1 5 I ‘ .
16 By:§ 22% (@QM) I
1 7 lctoria Cham' as 'cutive Director
Page 4 STIPULATION OF FACTS, AND FINAL ORDER OF SUSPENSION - METZGER, RANDALL LEE