1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' OF THE STATE OF OREGON 3 In the Matter Of the ) STIPULATION OF FACTS, 4 Licensure of ) ORDER OF REPRIMAND 5 GARETH MICHAEL POOLEON ) AND PROBATION (75 On or about January 17, 2002, the Teacher Standards and Practices Commission 8 (Commission) received a report from Kathryn Baker, Superintendent, Salem-Keizer Public 9 Schools indicating that Gareth Michael Pooleon (Pooleon) was involved in a domestic dispute 10 which resulted in his arrest for Domestic Assault lV and Driving Under the Influence of 11 lntoxicants (DUll). 12 After review of the matters alleged, Mr. Pooleon and the Commission agree that their 13 respective interests, together with the public interest, are best served by a stipulation to certain 14 facts, the imposition of a Public Reprimand and a four (4) year probation. This Order sets forth 15 the facts upon which the parties have agreed and the sanction to be imposed. Mr. Pooleon ' stipulates that there are sufficient facts contained in the Commission‘s files and records to 17 support the findings of fact and conclusions of law set forth below. ln entering into this 18 stipulation, Mr. Pooleon waives the right to a hearing to contest the findings of fact, conclusion 19 of law and order set forth below. Mr. Pooleon understands that the probation will be subject to 20 specific conditions. 21 STIPULATION OF FACTS 22 1. Gareth Michael Pooleon holds a Standard Teaching License with a Standard Social 23 Studies Endorsement valid from February 11, 2000, through June 21, 2005, and a Initial 24 Administrative License with a Administrator Endorsement valid January 31, 2000, through June 25 21, 2003. 26 2. Mr. Pooleon was employed by the Salem-Keizer Public Schools beginning in 27 November of 1992 through March 12, 2002. He was serving as Assistant Principal at McNary .1, High School at the time of his dismissal. 29 3. On October 26, 1996, Mr. Pooleon was arrested for DUll in Newport, Oregon. Page 1-STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - POOLEON 1 Mr. Pooleon was granted Diversion in Lincoln County District Court. He completed Diversion on ‘ November 24, 1997. 3 4. On December 20, 2001, Mr. Pooleon was arrested in Keizer, Oregon on charges of 4 DUll and Assault IV-Domestic. On February 15, 2002, Mr. Pooleon pled guilty and was 5 convicted of DUll. He received 24 months court probation and was required to complete alcohol 6 treatment. On February 15, 2002 Mr. Pooleon entered into a Diversion agreement for 7 Harassment with the Court on a plea agreement dismissing the Assault lV-Domestic charge. 8 The Diversion was modified on June 19, 2002. As conditions of Diversion Mr. Pooleon was 9 required to complete Anger Management Counseling at Blayre Alternatives. 10 5. On June 19, 2002, Mr. Pooleon was convicted of Driving While Suspended, a 11 misdemeanor. He was sentenced to four additional months court probation until June 19, 2004. 12 6. Mr. Pooleon recognizes that he has an alcohol dependency problem. He completed 13 out-patient treatment at Serenity Lane. ‘ Gareth Michael Pooleon enters into this Stipulation of Facts with the knowledge that the 15 Teacher Standards and Practices Commission shall place him on probation for a period of four 16 (4) years. This Stipulation is contingent upon approval and adoption of the Order by the full 17 Commission. If the Commission does not adopt this Order, neither Mr. Pooleon nor the 18 Commission are bound by these stipulations and Mr. Pooleon retains the right to a hearing on 19 the allegations. 20 IT IS SO STIPU TED: 21 flujh 227% 2'23'02 22 Gareth Michael Pooleon Date 23 ,f » 77 ‘ . 24 WMQ/é 5%411 L@%4Mu 02 -//,1 0g 25 Victoria Cha ain, Executi Director Date 26 Teacher Standards and Practices Commission 27 /// O Page 2-STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - POOLEON 1 CONCLUSIONS OF LAW . Gareth Michael Pooleon’s arrests and convictions for criminal behavior violate OAR 584- 3 020-0040(5)(c) and OAR 584-020-0040(5)(e). This misconduct constitutes Gross Unfitness. 4 The Commission's authority to impose discipline in this matter is based upon ORS 342.175. 5 ORDER 6 The Commission adopts the above stipulation of facts and imposes a Public Reprimand 7 upon Mr. Pooleon. This Stipulation of Facts, Order and Probation constitute the Reprimand. 8 Furthermore, the Commission imposes a four (4) year probation upon Mr. Pooleon subject to 9 the following terms and conditions: 10 1. Mr. Pooleon shall provide the Executive Director with a copy of the treatment plan 11 and at his own initiative and expense, continue to obtain treatment for his alcohol dependency 12 as recommended by his alcohol treatment provider; 13 2. During the period of this probation, Mr. Pooleon shall comply with the terms of the ' treatment and aftercare plans. Mr. Pooleon shall abstain from the consumption of alcohol; 15 3. During the period of his probation, Mr. Pooleon shall submit to the Executive Director 16 of the Commission reports of his compliance with the treatment plan. Mr. Pooleon shall provide 17 these reports every six (6) months during his probation; 18 4. Mr. Pooleon shall report in writing within ten days to the Executive Director of the 19 Commission any arrest or citation for any felony, misdemeanor or major traffic violation; and 20 5. Mr. Pooleon shall comply with all Standards for Competent and Ethical Performance 21 under Oregon Administrative Rules Chapter 584, Division 020. 22 If Mr. Pooleon does not comply with his treatment plan based on the reports of his 23 treatment provider or as Otherwise determined by the Executive Director he shall be in violation 24 of the terms of this probation. Violation of the terms of this probation may constitute an 25 independent basis for the Commission to impose discipline, up to and including revocation of ‘ Mr. Pooleon’s Iicensure subject to Mr. Pooleon‘s right to a hearing on the issue of whether he 27 violated probation. Page 3-STlPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - POOLEON 1 lT IS SO ORDERED this 2 day of March, 2003 ' TEACHER STANDARDS AND PRACTICES COMMISSION 3 ,7 I - 4 B [(11%11/41 .24 - 4 . 5 ictoria Chambe, Executive Director 6 7 Approved as to form: 8 / , 7/—~\ 0 Ja es M. Bro OSB #67012 11 Atto ney for Gareth Michael Pooleon [021203] Page 4-STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - POOLEON