r ‘l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION , i ' 2 OF THE STATE OF OREGON 3 In the Matter of the Teaching License of 4 STIPULATION OF FACTS, ORDER 0F PHILLIP STANLEY PEYTON SUSPENSION AND PROBATION 5 6 On or about April 8, 2002, the Teacher Standards and Practices Commission 7 (Commission) received a report from Roger St Jordan, Director of Personnel of the Springfield 8 Public Schools indicating that Phillip Stanley Peyton violated Standards on April 5, 2002, by 9 appearing on duty under the influence of alcohol. 10 After review of the matters alleged, Mr. Peyton and the Commission agree that their t 11 respective interests, together with the public interest, are best served by a stipulation to certain , 12 facts and the imposition of a 90 day suspension followed by a period of probation of four (4) l ,' '13 years upon reinstatement of licensure. 14 This Order sets forth the facts upon which the parties have agreed and the sanction to be 15 imposed. In entering into this stipulation, Mr. Peyton waives the right to a hearing to contest the I6 findings of fact, conclusions of law and order set forth below’ Mr‘ Peyton understands that the l7 probation will be subject to specific conditions. 18 This stipulation is contingent upon approval and adoption of the Order by the full l9 Commission. If the Commission does not adopt this Stipulation and Order, neither Mr. Peyton 20 nor the Commission are bound by any statements contained herein, and stipulations, and Mr. 21 Peyton retains all rights to a hearing on the allegations 22 /// 23 /// '5 i ,/ Page l — STIPULATION 0F FACTS, ORDER OF SUSPENSION AND PROBATION/PEYTON JGM:rhl\GENG4643 . 1 STIPULATION OF FACTS ' 2 1. The Commission has licensed Phillip Stanley Peyton since November 5, 1976. Mr. 3 Peyton currently holds a Basic License valid from January 28, 2002 through December 31, 2005, 4 with a Basic Handicapped Learner I Endorsement. 5 2. Mr. Peyton has served as an Oregon Educator for 27 years. There are no prior 6 complaints regarding Mr. Peyton on file with the Commission. 7 3. Mr. Peyton voluntarily reported to the Commission that he had previously been 8 arrested for DUII on April 22, 1993 and on April 5, 1996. He sought and completed alcohol 9 abuse treatment in November of 1996. 10 4. On February 7, 1997, while employed as a wrestling coach for the Eugene School 11 District and while his drivers license was suspended, Mr. Peyton drove students in a school 12 district van. '13 5. On April 5, 2002, Mr. Peyton reported for duty at the Briggs Middle School in the l4 Springfield School District, while under the influence of alcohol. 15 6. In September of 2002, Mr. Peyton sought admission and was accepted into an 16 intensive outpatient alcohol treatment program. He complied with all program requirements 17 until his insurance coverage expired in October of 2002. Since that date, Mr. Peyton has pursued l8 aftercare and treatment through Alcoholics Anonymous. 19 7. Mr. Peyton has taken responsibility for alcohol abuse and has agreed to continued 20 treatment through a Commission approved alcohol treatment provider. 21 8. Mr. Peyton also suffers from degenerative Parkinson’s syndrome, which manifests 22 itself in symptoms such as quivering, shaking, and an off-center gait. 23 O Page 2 — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION/PEYTON JGM:rhI\GENG4643 ‘ ‘ 9. Mr. Peyton enters into this Stipulation of Facts with the knowledge that the Teacher 2 Standards and Practices Commission will suspend his license for violation of Standards and 3 place him 0n probation for a period of 4 years. 4 5 IT IS SO STIPULATED: 6 7 fifigflgi '21 11-7. Q .i 26m 8 Phillip Stanley Peyton Date 9 “MAL 5:02 43F 11 Victoria Cham erlain, Executive Director Date 2 Teacher Standards and Practices Commission ‘13 CONCLUSIONS OF LAW 14 l. Mr. Peyton appeared on duty at a school while under the influence of alcohol on April 15 2, 2002. This conduct constitutes gross neglect of duty under OAR 584-020-0040(4)(g). 16 2. Mr. Peyton drove students in a school van on February 7, 1997, during a time when I7 his driving license was suspended. This conduct constitutes gross neglect of duty under OAR 18 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a) and gross unfitness under OAR l 19 584-020-0040(5)(e). 20 /// 21 /// 22 /// 23 /// O Page 3 — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION/PEYTON JGM:rh1\GENG4643 f 1 ORDER ' 2 The Oregon Teaching License of Phillip Stanley Peyton is suspended for a period of 90 3 days effective on the date of this order. Upon expiration of the period of suspension, Mr. 4 Peyton’s teaching license shall be reinstated upon the following conditions: 5 1. Mr. Peyton shall submit an application for reinstatement as provided under OAR 584- 6 050-00156). 7 2. Mr. Peyton shall, at his own expense, successfully participate in and complete an 8 alcohol treatment program through a certified alcohol treatment provider that is acceptable to the 9 Commission. 10 3. Mr. Peyton shall insure that the treatment provider submits to the Commission a 11 written report to verify Mr. Peyton’s successful participation in the program. The report shall 12 also contain the provider’s treatment plan and recommendations for continued treatment. .13 Upon reinstatement, of his teaching license, Mr. Peyton shall be placed on probation to 14 the Commission for a period of four years, subject to the following conditions: 15 1. Mr. Peyton shall participate in continuing treatment as recommended by his alcohol l6 treatment provider. During the first two years of probation, Mr. Peyton shall insure that the 17 Commission receives written reports from the provider of Mr. Peyton’s continuing participation 18 and compliance with his treatment plan. The reports shall be submitted at six months intervals l9 with the first report due six months after the date of reinstatement of Mr. Peyton’s teaching 20 license and the last report due 24 months alter the date of reinstatement. 21 2. Mr. Peyton shall abstain from the consumption of alcohol or unlawful controlled 22 substances. 23 O Page 4 w STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION/PEYTON JGM:rhl\GENG4643 1 1 3. Mr. Peyton shall comply with all Standards for Competent and Ethical Performance . 2 under OAR Division 20. 3 Violation of any of the term of probation may constitute an independent basis for the 4 Commission to impose discipline, up to and including revocation of Mr. Peyton’s teaching 5 license, subject to his right to a hearing on the issue of whether he violated probation. 6 7 Dated this i day of August, 2003. 8 9 TEACHER STANDARDS AND PRACTICES COMMISSION 10 ‘y ‘Myl/AMr ./, ll IV ictoria Ch W, Executiv Director 12 ‘l3 Ap oved as o form: fl 14 M runa A. Masih OSB# 97324 15 Attorney for Phillip S. PeytoN l6 17 18 19 20 21 22 23 Q Page 5 — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION/PEYTON JGM:rhl\GENG4643