1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 ln the Matter of the ) STIPULATION OF FACTS

4 Teaching License of ) AND FINAL ORDER

5 PAUL M. VISCAINO ) OR LICENSE REVOCATION

6 On or about June 16, 2008, The Teacher Standards and Practices Commission

7 (Commission) received information that Paul M. Viscaino may have engaged in conduct

8 constituting gross neglect of duty.

9 After review of the matters alleged, Mr. Viscaino and the Commission agree that their
10 respective interests, together with the public interest, are best served by a stipulation to certain
ll facts and revocation of his license
12 This document sets forth the facts upon which the parties have agreed and the
13 stipulated sanction to be imposed. Mr. Viscaino stipulates that there is sufficient evidence in the
I4 Commission's files and records t0 support the findings of fact, conclusions of law, and order set
15 forth below.
l6 By signing below, Mr. Viscaino acknowledges, understands, stipulates, and agrees to
l7 the following: (i) he has been fully advised of his rights to notice and a hearing to contest the
l8 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
19 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
20 Order Revoking Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order
21 is a public document and disclosed to the public upon request by the Commission; (iii) this
22 Stipulation and Final Order is contingent upon and subject to approval and adoption by the
23 Commission. lf the Commission does not approve and adopt this Stipulation and Final Order,
24 then neither Mr. Viscaino nor the Commission are bound by the terms herein; (iv) he has fully
25 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without
26 any force or duress, enters into this Stipulation and Final Order and consents to issuance and

PAGE 1 - STIPULATION OF FACTS AND FINAL ORDER OF REVOCATION - PAUL M. VISCAINO

1 entry of the Stipulated Final Order below; (vi) he states that no promises or representation has
2 been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with
3 an attorney regarding this Stipulation and Final Order and has been fully advised with regard to
4 his rights thereto, or waives any and all rights to consult with an attorney prior to entering into
5 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
6 This Order sets forth the facts upon which the parties have agreed and the sanction to be
7 imposed. Mr. Viscaino stipulates that there are sufficient facts contained in the Commission's
8 files and records to support the findings of fact and conclusions of law set forth below. In
9 entering into this stipulation, Mr. Viscaino waives the right to a hearing to contest the findings of
10 fact, conclusions of law and order set forth below.
11 STIPULATION OF FACTS
12 1. The Commission has licensed Mr. Viscaino since August 16, 2001. Mr. Viscaino
13 currently holds a Limited Teaching License that expires on January 13, 2011. Mr. Viscaino last
14 worked with the Jefferson Schoool District
15 2. On May 9, 2008, Mr. Viscaino was arrested for a DUll by the Madras Police
l6 Department, an incident which resulted in a motorcycle accident. On May 15, 2008, Mr.
17 Viscaino was arrested for carrying a concealed weapon, a switch-blade in the court house. 0n
18 July 18, 2008, Mr. Viscaino pled guilty of Telephonic Harassment involving fellow employee
l9 Brook Rice. A prior temporary Stalking Protective Order was taken out against you by Brook
20 Rice.
21 IT IS TIEULATED A AGREED TO:
22 fiMéJ/Mfi é ZZ/Zi%/7
23 Paul M. Viscaino Date
5;‘ Mm 110,2; 4. lei/L
26 Victoria Cha- cutive Dire or Date
27 Teacher Standars and Practices Commission
PAGE 2 - STIPULATION OF FACTS AND FINAL ORDER OF REVOCATION - PAUL M. VISCAINO

l CONCLUSIONS 0F LAW
2 1. By engaging in the conduct in paragraph 3 above, Mr. Viscaino engaged in gross
3 neglect of duty gross neglect of duty under ORS 342.175(1)(b), in violation of OAR
4 584-020-0040(4)(o) (“Substantial deviation from professional standards of ethics set
5 forth in OAR 584-020-0035”) as it incorporates OAR 584-020-0035(3)(a) (“The
6 ethical educator, in fulfilling obligations to the profession, will: Maintain the dignity of
7 the profession by respecting and obeying the law, exemplifying personal integrity and
8 honesty"). gross unfitness under ORS 342.175(1)(c), in violation of OAR 584-020-
9 0040(5)(e) (“Admission of or engaging in acts constituting criminal conduct, even in
10 the absence of a conviction").
11 FINAL ORDER
12 Based on the foregoing, Mr. Viscaino stipulates to surrender his license, and the
l3 Commission orders that it is hereby revoked.
- M ZZZ"
l4 Issued and dated this i day of , 2010.
15 TEACHER STANDARDS AND PRACTICES COMMISSION
l6 STATEO 9'- ON
i; B, Mal/£2
19 “oria Cham - - W tive Director
PAGE 3 _ STIPULATION OF FACTS AND FINAL ORDER OF REVOCATION - PAUL M. VISCAINO