1 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 ) FINAL ORDER OF REPRIMAND 5 MICHAEL GEORGE YUILLE ) AND PROBATION 6 On March 30, 2006, the Teacher Standards and Practices Commission (Commission) 7 received a report from Dan C. Jamison, Superintendent, Shen/vood School District, indicating 8 that Michael George Yuille (Yuille) appeared on March 10, 2006, at Shen/vood High School 9 under the influence of alcohol. 1 O Mr. Yuille fully cooperated with the Commission's investigation. After review of the 11 matters alleged, Mr. Yuille and the Commission agree that their respective interests, together 12 with the public interest, are best served by a stipulation to certain facts, the imposition of a 13 public reprimand followed by a two (2) year probation. 4 This document sets forth the facts upon which the parties have agreed and the ¢ stipulated sanction to be imposed. Mr. Yuille stipulates that there is sufficient evidence in the 16 Commission's files and records to support the findings of fact, conclusions of law, and order set 17 forth below. 18 By signing below, Mr. Yuille acknowledges, understands, stipulates, and agrees to the 19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 20 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 21 such rights and any rights to appeal or othen/vise challenge this Stipulation of Facts, Final Order 22 of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is 23 a public document and disclosed to the public upon request by the Commission; (iii) this 24 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 25 Commission. if the Commission does not approve and adopt this Stipulation and Final Order, then neither Mr. Yuille nor the Commission are bound by the terms herein; (iv) he has fully read 6 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any Page 1 - STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - YUILLE 1 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry '2 of the Stipulated Final Order below; (vi) he states that no promises or representation has been 3 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 4 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his 5 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 6 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This , 7 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. 8 Mr. Yuille stipulates that there are sufficient facts contained in the Commission’s files and 9 records to support the findings of fact and conclusions of law set forth below. in entering into 10 this stipulation, Mr. Yuille waives the right to a hearing to contest the findings of fact, conclusion 11 of law and order set forth below. Mr. Yuille understands that the probation will be subject to 12 specific terms and conditions. 3 STIPULATION 0F FACTS ‘4 1. Mr. Yuille has been licensed by the Commission since July 1, 1976. Mr. Yuille 15 currently holds a Standard Teaching License valid February 27, 2003, through April 12, 2008, 16 with a Standard Social Studies endorsement. 17 2. Mr. Yuille began teaching for Shenlvood School District in 1976. Mr. Yuille resigned 18 effective June 30, 2006, and has retired from teaching. 19 3. On March 10,2006, Mr. Yuille arrived at Shenivood High School under the influence 20 of alcohol, was transported to Tualatin Police Department for an assessment at 10:30 a.m., and 21 blew an alcohol level of .09. 22 4. Mr. Yuille attended an out-patient substance abuse program at Providence St. 23 Vincent Medical Center from March 13, 2006, through June 8, 2006. in this program Mr. Yuille 24 has presented a post-treatment maintenance plan, including maintaining physical self-care, healthy communication with his wife and a daily journal to evaluate periodic alcohol ‘ é consumption. . Page 2 - STIPULATION OF FACTS, FlNAL ORDER OF REPRIMAND AND PROBATION - YUILLE I 1 Mr. Yuille enters into this Stipulation of Facts with the knowledge that the Commission .2 shall place him on probation for a period of two (2) years. This Stipulation is contingent upon 3 approval and adoption of the Order by the full Commission. if the Commission does not adopt 4 this Order, neither Mr. Yuille nor the Commission are bound by these stipulations and Mr. Yuille 5 retains the right to a hearing on the allegations. 6 lT IS SQ STIPLATED AND AGRED TO: 7 //_,,t. .14! //. ‘51¢; 8 Michae eorge Yum-,1” Dat I 10 Al/U'” [40M/ ‘M 3/077 '0; ‘ 11 ictoria h 'n rin, ' ecutive Director Date 12 Teacher Standa - -nd Practices Commission 13 CONCLUSIONS OF LAW 14 By appearing on duty under the influence of alcohol on March 10, 2006, at Shenlvood 5 High School, Michael George Yuille violated OAR 584020-0040(4)(g). This conduct constitutes Q6 Gross Neglect of Duty. The Commission’s authority to impose discipline in this matter is based 17 upon ORS 342.175. \ 18 FINAL ORDER 19 The Commission adopts and incorporates herein the above finding of facts, conclusions ' 20 of law, and based thereon, hereby imposes a Public Reprimand on Michael George Yuille. This 21 Order shall serve as the Public Reprimand. 22 Furthermore, the Commission places Mr. Yuille on Probation for a period of two (2) 23 years to commence the date of this order, subject to the following terms and conditions: 24 1. Mr. Yuille shall report in writing within ten days to the Executive Director of the 25 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 26 violation of criminal probation; and 2. Mr. Yuille shall comply with the Standards for Competent and Ethical Performance of q Oregon Educators pursuant to Oregon Administrative Rules Chapter 584, Division 020. Page 3 - STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - YUILLE 1 \fiolation of any term of probation shall constitute an independent basis for the . 2 Commission to revoke Mr. Yuille’s teaching license or othenivise impose discipline, after first 3 providing Mr. Yuille with notice and opportunity for hearing. 4 lT IS SO ORDERED this [Z day of March, 2007. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 STATE OF OREGON 7 . . \ I 8 By 14 ‘lg/4 v fljflw M/ 9 Woria Cha a = Moutive Director 10 Approved as form: 11 ‘l/Y/ ° 7 12 13 Ralph ser OSB# 81423 14 Attorney for Michael George Yuille [0126071 Page 4 - STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - YUILLE