1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
‘ OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS
4 Teaching License of ) AND
5 PETER JAMES LEINEWEBER ) ORDER OF PROBATION
6 On August 6, 2003, Peter James Leineweber (Leineweber) submitted an
7 application for an Initial Teaching License to the Teacher Standards and Practices
8 Commission (Commission). Mr. Leineweber responded affirmatively to character
9 questions 8 and 10. Mr. Leineweber indicated that he provided an explanation and
10 documentation with a prior application. On May 14, 2003, Mr. Leineweber submitted a
11 Student Teaching Or Practicum Report — Form PA-1. Mr. Leineweber responded
12 affirmatively to character questions 8 and 10, and provided documentation for an
13 October 28, 1998, conviction for Driving Under the Influence of Intoxicants in Springfield
' Municipal Court. Mr. Leineweber provided a written explanation.
15 After review of the matters alleged, Mr. Leineweber and the Commission agree
16 that their respective interests, together with the public interest, are best served by a
17 stipulation to certain facts and a four (4) year probation. This Order sets forth the facts
18 upon which the parties have agreed and the sanction to be imposed. Mr. Leineweber
19 stipulates that there are sufficient facts contained in the Commission's files and records
2O to support the findings of fact and conclusions of law set forth below. In entering into
21 this stipulation, Mr. Leineweber waives the right to a hearing to contest the findings of
22 fact, conclusion of law and order set forth below. Mr. Leineweber understands that the
23 probation will be subject to specific terms and conditions.
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Page 1 - STIPULATION OF FACTS AND ORDER OF PROBATION - LEINEWEBER

1 Mr. Leineweber enters into this Stipulation of Facts with the knowledge that the
Q Commission shall place him on probation for a period of four (4) years. This Stipulation
3 is contingent upon approval and adoption of the Order by the full Commission. It the
4 Commission does not adopt this Order, neither Mr. Leineweber nor the Commission are
5 bound by these stipulations and Mr. Leineweber retains the right to a hearing on the
6 allegations.
7 STIPULATION OF FACTS
8 1. On August 6, 2003, Mr. Leineweber submitted an Application For Educator
9 License Form C-1 to the Commission requesting an Initial Teaching License. He
10 responded affirmatively to character questions 8 and 10.
11 2. On September 2, 2003, the Commission received an Application for
12 Expedited Service from Reynolds School District. On September 4, 2003, the
Q Commission issued a letter of conditional authorization for public school service.
14 3. On July 27, 1990, Mr. Leineweber was arrested for Driving Under the
15 Influence of Intoxicants (DUII). The Court granted Mr. Leineweber a Diversion for DUII.
16 On August 27, 1991, Mr. Leineweber completed Diversion and the DUII charge was
17 dismissed in the District Court for the State of Oregon, County of Multnomah.
18 4. On August 17, 1996, Mr. Leineweber was arrested for DUII in Springfield,
19 Oregon. On October 24, 1996, Mr. Leineweber was convicted of DUII in the Municipal
2O Court for the City of Springfield, Oregon.
21 5. In 1997, Mr. Leineweber completed an alcohol treatment program at
22 Providence Portland Medical Center.
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Page 2 - STIPULATION OF FACTS AND ORDER OF PROBATION - LEINEWEBER

1 6. On March 21 2002, Mr. Leineweber was arrested in San Jose, California, for
' UNDER INFL/ALCOHOL/DRUGS. The court ordered Mr. Leineweber to attend 10
3 Alcohol Anonymous meetings and dismissed the charge.
4 7. Mr. Leineweber recognizes that he has an alcohol dependency problem and
5 has agreed to seek treatment.
6 IT l STIP ATED:
r M m
8 eter James Leineweber Date
9 ' a
10 WM ¢¢§Z~dg
11 Victoria Ch erlain, Exec ive Director Date
12 Teacher Standards and Practices Commission
13 CONCLUSIONS OF LAW
14 Peter James Leineweber’s alcohol related criminal conviction and criminal
' conduct constitute Gross Unfitness as defined in OAR 584-020-0040(5)(c) and OAR
16 584-020-0040(5)(e). Criminal convictions and criminal conduct, even in the absence of
17 conviction, may be used as evidence to establish an applicant’s lack of fitness to serve
18 as an educator pursuant to OAR 584-050-0006. The Commission‘s authority to impose
19 discipline in this matter is based upon ORS 342.143 and ORS 342.175.
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Page 3 ~ STIPULATION OF FACTS AND ORDER OF PROBATION - LEINEWEBER

1 ORDER
‘ The Commission adopts the above stipulation of facts and authorizes the
3 issuance of an Initial Teaching License to Mr. Leineweber subject to all standard terms
4 and conditions.
5 Furthermore, the Commission imposes a four (4) year probation upon
6 Mr. Leineweber to commence the date of issuance of said license and subject to the
7 following special terms and conditions of probation:
8 1. Mr. Leineweber shall within the first six months of probation, on or before
9 April 10, 2004, provide evidence that he has successfully completed an alcohol
10 treatment program. Mr. Leineweber will also provide a copy of the treatment plan and
11 aftercare plan as prescribed by the treatment provider;
12 2. Mr. Leineweber shall, at his own initiative and expense, continue to obtain
' treatment for his alcohol dependency as recommended by his alcohol treatment
14 provider and abstain from the consumption of alcohol;
15 3. During the period of his probation, Mr. Leineweber shall submit to the
16 Executive Director of the Commission reports of his compliance with the aftercare
17 treatment plan. Mr. Leineweber shall provide these reports every six (6) months during
18 his probation, on or before: October 10, 2004; April 10, 2005; October 10, 2005;
19 April 10, 2006; October 10, 2006; April 10, 2007; and October 10, 2007.
20 4. Mr. Leineweber shall conduct himself as a law-abiding citizen;
21 5. Mr. Leineweber shall report in writing within ten days to the Executive Director
22 ofthe Commission any arrest or citation for any felony, misdemeanor, major traffic
23 violation or violation of criminal probation; and
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Page 4 - STIPULATION OF FACTS AND ORDER OF PROBATION - LEINEWEBER

1 6. Mr. Leineweber shall comply with the Standards for Competent and Ethical
‘ Performance of Oregon Educators under Oregon Administrative Rules Chapter 584,
3 Division 020.
4 Violation of any term or condition of probation shall constitute an independent
5 basis for the Commission to revoke Mr. Leineweber’s teaching license or otherwise
6 impose discipline, after first providing Mr. Leineweber with notice and opportunity for
7 hearing.
8 IT IS SO ORDERED this fiday of October 2003.
9 TEACHER STANDARDS AND PRACTICES COMMISSION
10
11 By MW/wéz/gfi] \
12 Ictoria Cham erlai , Executive Director [0909031
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