1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . 0F THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 MICHAEL TERUO MARAIA ) AND PROBATION 6 On or about February 24, 2003, the Teacher Standards and Practices 7 Commission (Commission) received a report from David Willard, Assistant 8 Superintendent, Forest Grove School District, indicating that Michael Teruo Maraia 9 (Maraia) was convicted on February 20, 2003 of two counts of Assault IV and two 10 counts of Harassment. 11 Mr. Maraia fuIIy cooperated with the Commission's investigation. After review of 12 the facts in this matter, Mr. Maraia and the Executive Director agree that their respective 13 interests, together with the public interest, are best served by a stipulation to certain . facts, a reprimand followed by a probation of two (2) years. 15 This Order sets forth the facts upon which the parties have agreed and the 16 sanction to be imposed. Mr. Maraia stipulates that there are sufficient facts contained in 17 the Commission's files and records to support the findings of fact and conclusions of law ‘ 18 set forth below. In entering into this stipulation, Mr. Maraia waives the right to a hearing l 19 to contest the findings of fact, conclusions of law and order set forth below. Mr. Maraia l 20 understands that the Commission will impose a two (2) year probation with specific 21 conditions. 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. Maraia nor the 24 Commission are bound by these Stipulations and Mr. Maraia retains all rights to a ' hearing on the allegations. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION-MARAIA 1 STIPULATION OF FACTS . 1. Mr. Maraia holds a Basic Teaching License valid July 30, 2002, to August 6, 3 2005, with endorsements in Basic Physical Education and Basic Mathematics. 4 2. Mr. Maraia is employed by Forest Grove School District as a Math Teacher at 5 Neil Armstrong Middle School. 6 3. On February 20, 2003, Michael Teruo Maraia was convicted of two counts of 7 Assault IV ORS 163.160 and two counts of Harassment ORS 166.065, in the Circuit 8 Court of the State of Oregon for Washington County (case #D0205961 M). The Court 9 placed Mr. Maraia on supervised probation for two (2) years. Mr. Maraia is required to 1O participate in a domestic violence program, have no contact with his wife for the 11 duration of his probation and he must pay fines exceeding $1,600. 12 4. Mr. Maraia is currently participating in the Domestic Violence Intervention ‘ Program at Pacific Alcohol & Drug Counseling, Inc. Mr. Maraia is currently in 14 compliance with said probation requirements. 15 IT IS SO STIPLLATED: 16 “l [EM LCM» Z 2%M‘ :Hft [GD 17 Mic ael Teruo araia Date 18 MW a 13MB‘ 19 Victoria Ch erlain, Executive Director Date 20 21 CONCLUSIONS 0F LAW 22 Michael Teruo Maraia’s criminal convictions for Assault IV ORS 163.160 and 23 Harassment ORS 166.065, constitute gross unfitness as defined in OAR 584-020- 24 0040(5)(c). The Commission's authority to impose discipline in this matter is based 25 upon ORS 342.175. ‘ /// Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION-MARAIA 1 ORDER ‘ The Commission adopts the above Stipulation of Facts and orders a Public 3 Reprimand for convictions of Assault IV ORS 163.160 and Harassment ORS 166.065. 4 This Order shall serve as the Public Reprimand. 5 Furthermore the Commission places Mr. Maraia on probation t0 be completed 6 February 20, 2005, concurrent with his criminal probation with Washington County, 7 Oregon, subject to the following terms and conditions: 8 1. Mr. Maraia shall conduct himself as a law-abiding citizen; 9 2. Mr. Maraia shall report in writing within ten days to the Executive Director of 10 the Commission any arrest or citation for any felony, misdemeanor, major traffic 11 violation or probation violation; and 12 3. Mr. Maraia shall comply with the Standards for Competent and Ethical ' Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584, 14 Division 020. 15 Violation of any of the terms of probation shall constitute an independent basis 16 for the Commission to revoke Mr. Maraia’s teaching license or otherwise impose 17 discipline, after first providing Mr. Maraia with notice and opportunity for hearing. 18 lT IS SO ORDERED this 2 & day of August 2003. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 22 ictoria Chambw, Executive Director 23 Approved as to form: 24 Q / )2’ g A d Elizabetg. Joffe, OSB % 27 Attorney for Michael Teruo Maraia [063003] Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION-MARAIA