l BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON 2 In the Matter of the ) 3 Teaching License of ) STIPULATION OF FACTS, GUY E. POST ) SUSPENSION AND ORDER 4 ) OF‘ PROBATION 5 On or about March 13, 1998, the Teacher Standards and 6 Practices Commission (Commission) issued a Notice of Opportunity 7 for Hearing to Guy E. Post (Post) in which the Commission 8 proposed to suspend or revoke his Oregon Teaching License or to 9 impose other discipline under ORS 342.177. 10 The Commission and Post have now reviewed the matters 11 alleged and have agreed to the following stipulation. In 12 entering this stipulation Post waives his right to a hearing. 13 This agreement sets forth the facts Post will not contest, Q 14 including the Commission Order of a 60 day suspension of Post's 15 teaching license and for two years’ probation. 16 ' STIPULATION OF FACTS 17 1. Post holds a Standard Teaching License valid until December 2, 2002. 18 2. Post began employment with the Morrow County School 19 District in 1991 as a math teacher. 20 3. In November 1997, the district began an investigation into travel reimbursement irregularities. As a result of the 21 investigation, the school district determined that Post had received reimbursement for a math conference in 1996 from 22 both the school district and the Morrow County Education Service District (ESD). Post retained the $500 Eisenhower 23 Funds awarded by the ESD even though the school district had paid the total conference cost. 24 4. Post assumed he could keep the $500 because he had been 25 permitted to submit a funding request to both his school and the ESD when he initially sought funding to attend the 26 conference. The district and ESD never intended to have i R ‘ PAGE l — STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION i DEPARTMENTOFJUSHCE 1162 Court Street N.E. Salem, Oregon 97310 ' (soamamos 1 the combined funding exceed 100 percent of the conference cost. Post believed the money was similar to professional 2 development funds. 3 5. Post followed a similar procedure in 1997 when he sought funding to attend a math conference in Alaska. Post sought 4 reimbursement from both the school district and ESD for the cost of his attendance. Additionally, Post turned in 5 receipts for expenses that had been paid in part by a co- worker who shared expenses with Post at the conference. 6 6. When questioned in November 1997 by the Superintendent, 7 Post admitted receiving the two reimbursements in 1996 and admitted submitting requests for reimbursement for 1997 8 that should not have been paid. Post asserted that he made a mistake in attempting to receiving reimbursement for 9 costs paid by the co-worker. 10 7. The superintendent notified Post on or about November 24, 1997, that he would recommend dismissal to the school 11 board. 12 8. As a result of a settlement agreement Post resigned December 19, 1997, and repaid $500 to the distinct. No 13 criminal charges were brought against Post. 14 9. Post has been able to obtain substitute teaching in a different district even after disclosing the facts above. 1 5 16 Post enters into this Stipulation of Facts with knowledge 17 that the Teacher Standards and Practices Commission will suspend 18 his Oregon Standard Teaching License for a period of 60 days and 19 upon reinstatement of the license shall place him on probation 20 for a period of two years. This Stipulation is contingent upon 21 approval and adoption of the Order by the Commission. If the 22 Commission does not adopt this Order, neither Post nor the 23 Commission are bound by these stipulations and Post retains all 24 rights to a hearing on the allegations. 2 5 / / / 2 6 / / / ‘ PAGE 2 - STIPULATION OF FACTS , SUSPENSION AND ORDER OF PROBATION DEPARTMENT OF JUSTICE 1162 Court Street NE. Salem, Oregon 97310 (503) 37843003 ‘ 1 IT [T58 SO STIPULATED: 2 / 3 04,125; 9$ y . 0st Date 4 5 ZS " ‘ye/LL’ 6 David V. Myto , Exec ive Director Dat Teacher Standards and Practices Commission '7 8 CONCLUSIONS OF LAW 9 Under ORS 342.175 Post violated OAR 584-020-0035(2)(e) and 10 (3)(a) and OAR 584-020-0040(4)(b) in 1996 and 1997 when he sought 11 reimbursement for unauthorized expenses and when he retained 12 public funds erroneously paid. 13 ORDER ‘14 The Commission adopts the above Findings of Fact and 15 suspends the Oregon teaching license of Post for 60 days 16 commencing June 15, 1998 through August 15, 1998. Thereafter, 17 Post will be on probation for two years, for the period l8 August l6, 1998 through August 15, 2000, pursuant to 19 ORS 342.177(3) (b). 20 The terms of probation are as follows: 21 1. Post shall comply with the standards for ethical and competent performance of Oregon educators under OAR 584 22 Division 20. 23 2. Post shall disclose this order when making application for public school employment through August 15, 2000. 24 3. Post shall comply with all laws and report to the Executive 25 Director any arrests, diversions, civil compromise, pleas of no contest or convictions within ten days of occurrence. 26 ‘ PAGE 3 — STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION DEPARTMENT OF JUSTICE 1162 Court sum ma. Salem. Oregon 97310 (503)31841xn 1 4. Post shall report to the Executive Director within ten days any employer investigations of possible misconduct or any 2 discipline received from any public school employer. 3 5. Violation of the terms of this probation shall constitute an independent basis for the Commission to impose other 4 disciplinary sanctions upon Post after first giving notice and opportunity for hearing. 5 W DATED this [5% day of 1713:? 199s. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 8 M By= ____L%”11:_—_7 9 David V. Myton, Executive Director 10 Approved as to form: 11 y 12 j H 14 Mg Monica A. Smith Date 13 Attorney for Guy E. Post §\ l’ . , . / , K . 15 7t v» y/lx 1r 8-1/5“ /91 Gary Cord Date 16 Assistant Attorney Gene a1 17 18 19 20 21 22 23 24 25 26 tjh/GMC/JGGIZOFS . PAGE 4 - STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION DEPARTMENT or wsncu 1162 Cuun Sues N.E. Salem, Oregon 97310 (sosmsmos