1 BEFORE THE TEACHER STAN DARD'S AND PRACTICES COMMISSION

2 OF THE STATE OE OREGON

3 In the Matter of the ) STIPU LATION OF FACTS,

4 Educator License of: ) FINAL ORDER OF SUSPENSION

5 CODY BYRON LOY ) AND PROBATION

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8 On February 19, 2014, Cody Loy was referrer; h) investigations regarding clearance of

9 character question 8 on Application for Educator License or Registration Form C- 1.
1 O After rexiew of the matters alleged, Loy and the Commission agree that their respective
1 1 interests, together with the public interest,‘ are best sewed by a stipulation to certain facts and
12 suspension of his Oregon educator license followed by a period of probation and fulfillment of
13 specific probation requirements,
14 This document sets forth the facts upon which the parties have agreed and the stipulated
15 sanction to be imposed. Loy stipulates that there is sufiicient evidence in the Commissions files
16 and records to support the findings of fact, conclusions of law, and order set forth below.
17 By signing below: Loy acknoWledges, understands, stipulates7 and agrees to the
18 following: (i) he has been fully adflsed 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 and Final
21 Order of Suspension and Fro-antion (Stipulation and Final Order}: (ii) this Stipulation and Final
22 Order is a public document and disclosed to the public upon request ‘oy the Commission; {iii}
23 this Stipulation and Final Order is contingent upon and subject to apprnvnl and adoption by the
24 Commission. if the Commission does not approve and adopt this Stipulation and Final Order‘
25 then neither Loy nor the Commission are boan by the terms herein; (iv) he has fully read this
26 Stipulation and Final Order, and understands it cor; pieielv; (if): he voluntarily, without any force
27 01 duress, enters into tli1 Stipfllation and ‘Final Order and consents to issuance and entry of the
28 Stipulated Final Order below; (vi) he states that no prom ses; uI' representation has been made to

Fagel . SITlPIULATlON OF FACT’) AME‘ FiNAL ORDER OF SUEPEN$1ON AND PROBATE‘: N —- CODY

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1 induce him to sign this Stipulation and Final Order; and (vii) he has consulted With an attorney

2 regarding this Stipulation and Final Order and has been fully advised with regard to his rights

3 thereto, or waives any and all rights to consult with an attorney prior to entering into this

4 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This

5 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed.

6 In entering into this stipulation, Loy waives the right to a hearing to contest the findings of fact,

7 conclusions of law and order set forth below.

8 STIPULATION OF FACTS

9 1) The Commission has licensed Loy since June 28, 2on7. Loy holds an Initial I Teaching License
1O issued December 29, 2010, with endorsements in Multiple Subjects (MIDLVL) and Language Arts
11 (HS, ML), which was scheduled to expire on Dece bcr 28, 2013. On December 27, 2013, Loy made.
12 timely application for renewal. During all relevant times, Loy was employed by the Eugene School
13 District.
14 2) As part of Loy’s application, he answered “Yes” to character question number eight ( 8) related to his
15 criminal history. Upon request, Loy provided documentation that on August 25, 2011, he was
16 arrested and charged with Aggravated Animal Abuse I, a class C Felony and Disorderly Conduct it:
17 the second degree, a misdemeanor. The conduct that resulted in these charges included Lo;
18 becoming so intoxicated he reportedly experienced “blaclt outs." While in this intoxicated state, Lo;
19 went looking for a friend at their residence, and is a result, distirbed some neighbors who asked
20 him to leave. Several minutes after being asketl to leave. one of the neighbors observed Loy kicking
21 and stomping a cat to death on or near a friends porch. On November 29, 2011, as part of an Alford
22 plea agreement, Loy was convicted of Animal Abuse in the firs: degree as a Class A Misdemeanor.
23 Loy’s sentence included fines, two years’ probation, 80 hours of community service, and
24 participation in a substance abuse and anger management evaluation and any recommended
25 treatment, all of which he successfully completed.

Page 2 STIPULATION OF FACTS AND FiNAi. ORDER OF SUSPENSION ANL) PROBATION ~ CCD'Y '
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1 3) During the course of the Commissions invest. "icn, investigators learned that Loy had been
2 investigated and disciplined by the Eugene School District for professional misconduct during the
3 2011-2012 school year. This discipline inclu/iet'i a tire day, i'npaid suspension. investigation
4 determined that on or about June 6, 20.11. Boy intimidated a -.~.tudent while shopping at a local
5 bookstore. This student, who was a sex crime victim, had cooperated in an investigation tha I1
6 resulted in a former teacher known ‘it Ploy ‘min; convuzml of st crimes against this student.
7 Witnesses reported that Loy encountered this smdent at the bookstore, stared at her and inoutheci
8 the words “You fucking bitch". Loy reportedl;~ returned to the area and glared at the student in 2.1“
9 intimidating manner that caused her distress.
10 4l School officials determined in the course of their investigation that Loy misrepresented his role if.
1 1 the incident. Loy told disttict otficials that he did not see the involved student at the bookstore.
12 During an interview with connnission investigators, Loy admitecl that he was staring at the student *
13 because he believed she was the one involved in the former teacher's criminal investigation, and
14 watched her for several minutes while attempting to determine if she was the person he thought sin‘
15 was. Loy denied that he mouthed any word.c to her or intended to be intimidating. On November 8'.
16 2011, the school district issued Loy a notice of suspension resulting in a five day suspension witI-vx:
1 7 pay.
18 IT IS SO ST “UL- ED: *4
19 %“% "tilled/31.22212
2O Cody Byron I ' mate
21 %m___ -._ ._..__.__7/_7:/J—
22 Dr. Monica Beane, Executive Director Date
23 Teacher Standards and Practice-s Commission
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I3?9_e_:l.S.Tl?,ULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PRCBAIRON -— CODY

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1 CQNCLUSYONS 0F LJJN

2 1. Clody Byron boys conduct as described in paragraph 2 above constitutes gross neglect of

3 duty in violation of ORS 342.175(1)(b); OAR 584- ozo-oo.;o(4)(n) as it incorporates OAR

4 584-020-0010(5) (Use projessionaljudgmenr). This conduci also constitutes gross unfitness

5 in violation of ORS 342.175(1)(c); OAR 584--020~oo4o(5)(c) (Conviction of violating any

6 federal, state, or local law. A canvirfifln includes em; finaljurlgment Lfl'onviction by a

7 court whether as the result ofgu'élty rlea. r0 contest pies or any other means), specifically

8 ORS 167.320 (Animal Abuse in the first degree). Your cordiro that resulted in the criminal

9 conviction also constitutes gross untitness in violation of ORS 342.175(1)(c); OAR 584-020-
10 oo4o(5)(e‘) (Admission ofor engaging in acts oonsliruting criminal conduct, even in the
1 1 absence ofa conviction), specifically ORS “17.32 l (Aggravated Animal Abuse in the First
1 2 Degree).
13 2. Cody Byron boys conduct as described in naragrapii 3 m 4 above constitutes gross neglec
14 of duty in violation of ORS 342.175(1)(b); OAR 584~ozo~ooaol 4)(n) as it incorporates OAR
15 584-020-0010(1) (Recognize the worth and diaiiify of all persons and respectfor each
16 individual), OAR 584-uzo-omoti5) {Use pny’essionaljudgment), OAR 584-020-0025(2)(e)
17 (Using district lawful and reasonable rules and regalanors), OAR 584-020-004o(4)(e}
18 (Falsification of any document or knouingj misrepresentation directly related to licensure,
19 employment, or professional duties}; and‘ OAR 5S4-o'2o-004o(4)(o) as it incorporates 0A?’
20 584~020-0o35(1)(c)(D) (Honoring .1ppr'0pis'aie :lduit boundaries with students in conduct
21 and conversations at all iimesl. Your conduct also constituts gross unfitness in violation of
22 ORS 342.175(1)(c); OAR gas-020004 o( 511(k) {Fraud or ifllS?‘£?pi‘QS€lll'(1llOTl).
23 3. The Commission’s authority to impose. discipline in this matter is based upon ORS 342143
24 and ORS 342.175.
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EigenlilsillliUL/ATION OF FACTS/1ND FiNAi. ORDER ~.i' SUivfiNSie'fi‘ AND PROBA'HON -— CODY

1 ORDER
2 The Commission hereby adopts and incorporates herein the above stipulation of facts,
3 conclusions of law, and based thereon hereby orderr- as follows:
4 1. Loy’ teaching license is hereby suspended for six months from the date of this order;
5 2. Following the suspension, Loy is placed on probation for a period of four years;
6 3. As condif'ions of probation, Loy will comply with the following:
7 a. Upon returning to the United States from China Where he is teaching abroad, Loy will
8 participate in regular counseling,’ therapy by a provider subject to Commission
9 approval and at a frequency recommended by the provider. Loy will submit to thc
1O Commission a report of his continued treatment every s1:x months for the first three
1 1 years of his probation period.
12 b. He “fill comply with the Standards for Competent and Fthical Performance of Oregon
13 Educators under Oregon Administrative Rules Chapter 584, Division 020.
14 4. Violation of any term or condition of probation shall constitute an independent basis for tr 3
15 Commission to revoke Loy’s teaching license or otherwise impose discipline, after first
16 providing Loy with notice and opportunity for nearing.
17 IT IS SO ORDERED this 27% day of M__ 2017.
18 TEACHER STAL'DARDS AND PRACTICES‘ COMMISSION
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20 BV: 12 ZM-Lidezki/__W _____l ___c__ __
21 Dr. Monica Beane, Executive Director
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Egg-ii. SlTlaULAT'lON OF FACTS AND FSNAL ORDER 3F 5 ‘JCT-‘ENSIUAS AND PROBATION — CCDY