’ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 3 OF THE STATE OF OREGON In the Matter of the | Teaching License of l STIPULATION OF FACTS, CHARLES STEVEN MARTELL | ORDER OF REPRIMAND AND | PROBATION l On or about January 23, 2001, the Teacher Standards and Practices Commission (Commission) received an application for reinstatement of a Standard . Teaching License from Charles Martell. The Executive Director initially denied reinstatement of the Licensure and informed Martell of his opportunity for hearing on his fitness to serve as an educator. After reviewing addition documents, Martell and the Executive Director agree that their respective interests, together with the public , interests, are best served by a stipulation to certain facts, a reprimand followed by a probation of two (2) years. This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. In entering into this stipulation, Martell waives the right to a hearing to contest the findings of fact, conclusion of Iaw and order set forth below. FINDINGS 0F FACT 1. On or about November 14, 1994, the Commission issued a Standard Teaching License to Charles Martell. MartelI’s Standard License expired on September 12, 2000. 2. Martell is employed as a teacher for Portland Public Schools and has been since 1983. On or about January 13, 2001, Martell was removed from the classroom for , g failure to timely renew his teaching license. ' Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION 3. On or about January 18, 1999, Charles Martell was convicted of the misdemeanor . crime of ORS 163.190, Menacing (involving a handgun) in Clackamas County Circuit Court (case #99-1901). Martell‘s criminal probation will expire on or about July 12, 2001. 4. At sentencing the Court ordered an alcohol package. Martell was given credit for completion of an alcohol treatment program through Adventist Medical Center in August of 1999. 5. The Court also ordered that Martell participate in Anger Counseling. Martell has nearly completed a one-year anger management program. He has attended 43 weekly sessions. 6. Martell has no prior or subsequent criminal convictions. 7. Portland Public Schools is fully aware of Martell’s criminal conviction and supports . his application for reinstatement of Licensure. Martell understands that the Commission will impose a two (2) year probation with specific conditions. This stipulation is contingent upon approval and adoption of the Order by the Commission. If the Commission does not adopt this Order, neither Martell nor the Commission are bound by these Stipulations and Martell retains aII rights to a hearing on the allegations. IT IS SO STIPULATED: ML W arles Martell D e @1 . égflM/iéL/jz 52v‘ //J/{§£ David V. Myton Date Executive Director Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION CONCLUSION OF LAW . Martell's criminal conviction for Menacing, ORS 163.190, constitutes gross unfitness as defined in OAR 580-020-0040(5)(c). ORDER The Commission adopts the above Findings of Fact and orders a public reprimand for conviction of the crime of Menacing as defined by ORS 163.190. The Commission authorizes issuance of a Standard Teaching License to Martell subject to all standard terms and conditions and subject to the following special terms of probation: 1. The Commission places Martell on probation to commence February 1, 2001. 2. The probation shall remain in effect subject to the following conditions: a. Martell shall conduct himself as a law-abiding citizen; ' b. Martell shall report in writing within ten days to the Executive Director of the Commission any arrest or citation for any felony, misdemeanor, or major traffic violation; and c. Martell shall comply with the Standards for Competent and Ethical Performance of Oregon Educators under OAR 584, Division 20. Violation of any of the terms of probation shall constitute an independent basis for the Commission to revoke Martell's teaching license or otherwise impose discipline, after first providing Martell with notice and opportunity for hearing. Dated this é 7L day of March 2001. TEACHER STANDARDS AND PRACTICES COMMISSION O By: Mil“; David V. Myton Executive Director Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION