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 - ) SURRENDER AND REVOCATION
5 MICHAEL JAMES WEAVER ) OF LICENSURE
6 On or about May 28, 2008, the Teacher Standards and Practices Commission
7 (Commission) received a report from Marv Ott, Superintendent, Banks Schooi District, indicating
8 that Michael Weaver (Weaver) admitted to school administrators that he provided alcohol to two
9 students.
10 After review of the matters alleged, Weaver and the Commission agree that their
11 respective interests, together with the public interest, are best served by a stipulation to certain
12 facts, Surrender and Revocation of Weaver’s Oregon Teaching License. ‘
13 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed. Weaver stipulates that there is sufficient evidence in the
15 Commission’s files and records to support the findings of fact, conclusions of Iaw, and order set
16 forth below. ' '
17 By signing below, Weaver 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
2O such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
21 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this
22 Stipulation and Final Order is a public document and disclosed to the public upon request by the
23 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval and
24 adoption by the Commission. If the Commission does not approve and adopt this Stipulation
25 and Final Order, then neither Weaver nor the Commission are bound by the terms herein; (iv)
26 he has fully read this Stipulation and Final Order, and understands it completely; (v) he
27 voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents
Page 1 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATlON - WEAVER

1 to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or
2 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he
3 has consulted with an attorney regarding this Stipulation and Final Order and has been fully
4 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney
5 prior to entering into this Stipulation and Final-Order and issuance and entry of the Stipulated
6 Final Order below. This Order sets forth the facts upon which the parties have‘ agreed and the
7 sanction to be imposed. Weaver stipulates that there are sufficient facts contained in the
8 Commission’s files and records to support the findings of fact and conclusions of law set forth
9 below. In entering into this stipulation, Weaver waives the right to a hearing to contest the
10 findings of fact, conclusions of law and order set forth below.
11 STIPULATION 0F FACTS
12 1. The Commission has licensed Weaver since December 17, 2007. Weaver currently
13 holds an Initial l Teaching License with an endorsement in Advanced Mathematics at the
14 high school level, valid December 17, 2007 through August 20, 2011.
15 2. On May 28, 2008 the Commission received information from the Banks School District
16 indicating that the district investigated Mr. Weaver for potentially inappropriate
17 communications with a female student.
18 3. During this investigation two Banks School District administrators reported that Mr.
19 Weaver admitted to them, that he provided alcohol to two minor students the previous
20 school year. "
21 4. Mr. Weaver resigned from the Banks School District at the end of the 2007-2008 school
22 year.
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24 ///
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Page 2 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION - WEAVER

1 5. Weaver declined to be interviewed by the Commission regarding these allegations.

2 lT l ST P TED:

3 W - Ami

4 Micha- James eaver Date

5   - ._w._//- M

6 Vitoria Cha n ' wExecutive Director Date

7 Teacher Standards and Practices Commission --

8 CONCLUSION OF LAW

9 Michael James Weaver provided alcohol to students in the Banks School District. This
10 conduct constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(n) as it
1 1 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0040(4)(o) as it
12 incorporates OAR 584-020-0035(1I)(c)(D) (Honoring appropriate adult boundaries with students
13 in conduct and conversations at all times) and Gross Unfitness in violation of OAR 584-020-
14 0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in the absence
15 of a conviction), specifically ORS 471.410 (Providing liquor to person under 21). The
16 Commission's authority to impose discipline in this matter is based upon ORS 342.175. Add
17 language related to the grade change.
18 ORDER
19 The Commission adopts the above Stipulation of Facts, accepts the licensure surrender
20 and revokes the Initial l Teaching License of Michael James Weaver.
21 IT IS SO ORDERED this Mday 0f November, 2010.
22 TEACHER STANDARDS AND PRACTICES COMMISSION
23 ,
24 By: , Mi), é Manx)
25 Vic oria Chamb ecutive Director

Page 3 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION - WEAVER