‘ 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 ) ORDER OF SUSPENSION 2 JAMES LEE HULSLANDER ) AND PROBATION 7 On or about January 22, 2003, the Teacher Standards and Practices Commission 8 (Commission) received a complete application for a Substitute License from James Lee 9 Hulslander (Hulslander). Mr. Hulslander responded affirmatively a character question regarding 1O a criminal conviction for Driving Under the Influence of lntoxicants (DUII) on May 1, 2000, in 11 Coos County. 12 Mr. Hulslander fully cooperated with the Commission's investigation. After review of the 13 matters alleged, Mr. Hulslander and the Commission agree that their respective interests, 14 together with the public interest, are best served by a stipulation to certain facts, a ninety (90) ‘ day suspension of his right to apply for a teaching license and a four (4) year probation upon 16 reinstatement. 17 This Order sets forth the facts upon which the parties have agreed and the sanction to 18 be imposed. Mr. Hulslander stipulates that there are sufficient facts contained in the 19 Commission's files and records to support the findings of fact and conclusions of law set forth 20 below. In entering into this stipulation, Mr. Hulslander waives the fight to a hearing to contest 21 the finding of fact, conclusion of law and order set forth below. 22 This stipulation is contingent upon approval and adoption of the Order by the 23 Commission. If the Commission does not adopt this Order, neither Mr. Hulslander nor the 24 Commission are bound by these stipulations, and Mr. Hulslander retains all rights to a hearing 25 on the allegations. 26 /// O Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION, AND PROBATION - HULSLANDER ' STIPULATION OF FACTS 2 1. On September 28, 1999, the Commission issued a Transitional Teacher License to 3 James Hulslander. That license expired on September 28, 2002. On January 22, 2003, Mr. 4 Hulslander submitted a complete application for a Substitute Teaching License. 5 2. Mr. Hulslander has been employed by the Coos Bay School District as a Substitute 6 Teacher and a coach. 7 3. On May 20, 1990, Mr. Hulslander was arrested for DUII in Coos Bay, 8 Oregon. Mr. Hulslander was granted Diversion in the District Court of the State of Oregon for 9 Coos County. He completed Diversion on June 11, 1991. 10 4. On August 19, 1992, Mr. Hulslander was convicted of DUII in the District Court of the 1 1 State of Oregon for Curry County. He completed a court ordered alcohol abuse rehabilitation 12 program in 1992 at Curry County Annex. ‘t 5. On September 10, 1999, Mr. Hulslander submitted an Application for Educator 14 License Form C-1. Mr. Hulslander failed to disclose the August 19, 1992, conviction for DUII. 15 6. On May 1, 2000, Mr. Hulslander was convicted of DUII in the Circuit Court of the 16 State of Oregon for Coos County. Mr. Hulslander completed a court ordered alcohol abuse 17 rehabilitation program on October 26, 2000, at Better Options Outpatient Addiction Treatment. 18 lTl SO STIPULATED: 19 MM FQQ '5 7,00 '5 20 ames Lee lsla der Date 21 _ .4 , 22 MM /. .'.i.0______' 05 23 ictoria Cham erI ' , ExeCutiv Director Date 24 Teacher Standards and Practices Commission 25 CONCLUSIONS OF LAW 26 On September 10, 1999, James Lee Hulslander failed to respond affirmatively to ‘7 character question number 8 regarding a misdemeanor conviction for DUll in a violation of OAR 28 584-020-0040(4)(c). This behavior constitutes Gross Neglect of Duty. Mr. Hulslander’s Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION, AND PROBATION - HULSLANDER .1 diversion and criminal convictions for Driving Under the Influence of lntoxicants constitute Gross 2 Unfitness as defined in OAR 584-020-0040(5)(c) and OAR 584-020-0040(5)(e). Criminal 3 convictions and criminal conduct, even in the absence of conviction, may be used as evidence 4 to establish an applicants lack of fitness to serve as an educator pursuant to ORS 342.143. The 5 Commission's authority to impose discipline in this matter is based upon ORS 342.175. 6 ORDER 7 The Commission adopts the above findings of facts and suspends Mr. Hulslander’s right 8 to apply for licensure for a period of ninety (90) days effective February 1, 2003. Upon 9 reinstatement of any teaching license as provided by OAR 584-050-0015(3), Mr. Hulslander 1O shall be placed on probation for a period of four (4) years to commence the date of issuance 11 subject to the following conditions: 12 1. Mr. Hulslander shall conduct himself as a law abiding citizen; ‘ 2. Mr. Hulslander shall report in writing within ten days, to the Executive Director of the l4 Commission, any arrest (or citation) for any felony, misdemeanor or major traffic violation; 15 3. Mr. Hulslander shall, at his own initiative and expense, continue to obtain treatment 16 for his alcohol dependency as recommended by his alcohol treatment provider and abstain from 17 the consumption of alcohol; 18 4. Mr. Hulslander shall provide the Executive Director with a copy of the treatment plan; 19 5. During the period of his probation, Mr. Hulslander shall comply with the terms of the 20 treatment plan; 21 6. During the period of his probation, Mr. Hulslander shall submit to the 22 Executive Director of the Commission reports of his compliance with the treatment plan. Mr. 23 Hulslander shall provide these reports every six (6) months for the balance of his probation; and 24 7. Mr. Hulslander shall comply with all Standards for Competent and Ethical 6 Performance under Oregon Administrative Rules Chapter 584, Division 020. Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION, AND PROBATION - HULSLANDER . If Mr. Hulslander does not comply with his treatment plan based on the reports of his 2 treatment provider or as otherwise determined by the Executive Director he shall be in violation 3 of the terms of this probation. Violation of the terms of this probation may constitute an 4 independent basis for the Commission to impose discipline, up to and including revocation of 5 Mr. Hulslander’s teaching license subject to Mr. Hulslander’s right to a hearing on the issue of 6 whether he violated probationw 7 IT IS SO ORDERED this l day of March, 2003. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 10 By M hgdaéc 11 ictoria Chamber ain, Executive Director [013003] O O Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION, AND PROBATION - HULSLANDER