1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION '
. OF THE STATE OF OREGON
3 In the Matter of the )
4 Licensure of ) STIPULATION OF FACTS,
5 DAVID ANTHONY VALENZUELA ) ORDER OF REPRIMAND AND
6 ) PROBATION
7 On or about August 2, 2002, the Teacher Standards and Practices Commission
8 (Commission) received an application for an Initial Administrator License from David 1
9 Anthony Valenzuela (Valenzuela). Mr. Valenzuela reported criminal convictions on the i
10 character question section of Application for Educator License Form C-1. .
11 Mr. Valenzuela provided documentation of a conviction for Driving Under the Influence
12 of lntoxicants (DUII) on June 17, 2002, in Josephine County Circuit Court.
13 Mr. Valenzuela fully cooperated with the Commission's investigation. After
14 review of the facts in this matter, Mr. Valenzuela and the Executive Director agree that
r5 their respective interests, together with the public interest, are best sewed by a
16 stipulation to certain facts, a reprimand followed by a probation of three (3) years.
17 This Order sets forth the facts upon which the parties have agreed and the
18 sanction to be imposed. Mr. Valenzuela stipulates that there are sufficient facts
19 contained in the Commission‘s files and records to support the findings of fact and
20 conclusions of law set forth below. In entering into this stipulation, Mr. Valenzuela
21 waives the right to a hearing to contest the findings of fact, conclusion of law and order
22 set forth below. Mr. Valenzuela understands that the Commission will impose a three
23 (3) year probation with speciﬁc conditions.
24 This stipulation is contingent upon approval and adoption of the Order by the
25 Commission. If the Commission does not adopt this Order, neither Mr. Valenzuela nor
Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION-VALENZUELA

1 the Commission are bound by these Stipulations and Mr. Valenzuela retains all rights to
' a hearing on the allegations.
3 STIPULATION 0F FACTS
4 1. Mr. Valenzuela holds an Oregon Basic Teaching License valid October 24,
5 2000, to September 23, 2003, with endorsements in Basic Physical Education.
6 On August 2, 2002. Mr. Valenzuela submitted a complete application for an Initial
7 Administrator License.
8 2. Mr. Valenzuela is employed by Three Rivers/Josephine County School District
9 as a teacher at Illinois Valley High School.
10 3. Mr. Valenzuela was granted Diversion for DUII in the Municipal Court for
11 Monmouth, Oregon on November 16, 1994. He completed the Diversion on November
12 15, 1995.
‘ 4. On June 15, 1995, Mr. Valenzuela was convicted of Criminal Trespass lI in the
14 District Court of the State of Oregon for Deschutes County.
15 5. On June 17, 2002, Mr. Valenzuela was convicted of DUII in the Circuit Court for
16 the State of Oregon for the County of Josephine. The court sentenced Mr. Valenzuela
17 to three years probation, 1O days in jail and ordered him to pay a monetaryjudgment of
18 $1,284.00
19 IT IS SO STIPULAT- I:
20 /‘1——~- MA I ' /'Z— Z" Zoo '1
21 1Dav 0'15 .. / - /_ Date
22 [étﬂiﬁér 1W4 14 4 M_
23 ictoria Cham Executive I rector Date
g: CONCLUSION 0F LAW
. David Anthony Valenzuela’s criminal convictions for DUII and Criminal
27 Trespass ll, constitute gross unﬁtness as defined in OAR 580-020-0040(5)(c).‘ I
Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION-VALENZUELA

1 Conviction of a crime may also be used as evidence to establish an applicant's lack of
. fitness to serve as an educator pursuant to ORS 342.143. The Commission’s authority
3 to impose discipline in this matter is based upon ORS 342.175.
. 4 ORDER
5 The Commission adopts the above Stipulation of Facts and orders a Public
6 Reprimand for criminal convictions. This Order shall serve as the Public Reprimand.
7 The Commission authorizes the issuance of an Initial Administrator License
8 subject to all standard terms and conditions placing Mr. Valenzuela on a three (3) year
9 probation to commence on the date of issuance of said license subject to the following
1O terms: '
11 1. Mr. Valenzuela shall obey all laws, municipal, county, state and federal;
12 2. Mr. Valenzuela shall abstain from the use of intoxicants;
' 3. Mr. Valenzuela shall successfully complete a DUII treatment program as directed
14 by Josephine County Mental Health;
15 4. Mr. Valenzuela shall pay ﬁnes, fees, restitution, or other fees as ordered by the
16 court; and
17 5. Mr. Valenzuela shall not drive without valid permit, license, or insurance.
18 Violation of any of the terms of probation shall constitute an independent basis
19 for the Commission to revoke Mr. Valenzuela’s teaching license or othenNise impose
20 discipline, after first providing Mr. Valenzuela with notice and opportunity for hearing.
. {5 “f
21 IT IS SO ORDERED thrs day of January 2003.
22 TEACHER STANDARDS AND PRACTICES COMMISSION
23 2 Q 21g g 2 i ’
24 B : dx/w
' lctoria Cham ' , Executive Director [1121021
Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION-VALENZUELA