“W”? "mm/m n:
1 BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSm "1010“ WISE/9
2 OF THE STATE OF OREGON 2 9 [998
3
4 In the Matter of the ) STIPULATION OF FACTS PORTIA/yu
5 Teaching License of ) PUBLIC REPRIMAND AND ‘00580’;
6 HARVEY J. SANTOS ) ORDER OF PROBATION
7 )
8
9 On January 27, 1998, the Teacher Standards and Practices Commission informed
10 Harvey J . Santos that the Commission found sufficient evidence of violation of
11 Standards for Competent and Ethical Performance of Oregon Educators to warrant a
12 hearing regarding his conviction for Assault IV and violation of Klamath County School
13 District’s corporal punishment policies involving students in his classroom. Mr. Santos
14 requested a hearing on the allegations, but before a hearing date was set, the parties
15 have agreed that their respective interest and the interests of the State are best served
16 by a Stipulation of Facts, Public Reprimand and Order of Probation as set forth below.
l7
18 STIPULATON 0F FACTS
19
20 1. Harvey J. Santos holds a Standard Teaching License endorsed for technology
21 education and valid from October 29, 1993 to December 14, 1998.
22
23 2. Harvey J. Santos violated OAR 584-020-0040(4)(d) during the Week of December
24 16-20, 1996, when he struck student RB on the back of the head with his
25 hand.
26
27 3. Mr. Santos violated OAR 584-020-0040(4)(d) on or about January 8, 1997, when
28 he struck student MB in the midsection with his hand. Santos was convicted of
29 Assault IV in Klamath County District Court as a result of this incident.
30
31 4. Although Mr. Santos maintains that he did not intend to cause pain or injury to
32 the student, he violated the Klamath County School Districts corporal
33 punishment policy in each of the incidents listed above. Failure to adhere to the
34 district's policy on corporal punishment violated OAR 584-020-0040(2)(e).
35
36 Harvey J. Santos enters into this Stipulation of Facts with knowledge that the Teacher
37 Standards and Practices Commission will issue a public reprimand and place him on
38 probation for one year from the date of the signed stipulation.. This Stipulation is
39 contingent upon approval and adoption of the Order by the Commission. If the
40 Commission does not adopt this Order, neither Mr. Santos nor the Commission are
41 bound by these stipulations and he retains all rights to a hearing on the allegations.
42
43 IT IS SO STIPULATED:
44
45
46
47 ¢/- o‘)?- f?
48 Harvey J. S Date
49 >
5° Q ' n ' 4 / 2
g; f/L Aime/‘i’ 5/ VFW‘ 3/ 2-5 5*
53 David V. Myton, Executive Director Date
~ 54 Teacher Standards and Practices Commission
4
PAGE I“ STIPULATION AND ORDER-HARVEY J . SANTOS .

1
‘ 2 ULTIMATE FINDINGS OF FACT
3
4 Harvey J. Santos violated OAR 584-020-0040 by striking students RB and MB in
5 December 1996 and January 1997 respectively in violation of the Klamath County SD
6 policy on corporal punishment. Harvey J. Santos was convicted of Assault IV in
7 Klamath County District Court as a result of the incident in January 1997.
8
9 CONCLUSIONS OF LAW
10
ll Under ORS 342. 175 use of unreasonable physical force or violating a school district
12 policy on corporal punishment is grounds for a finding of gross neglect of duty under
13 OAR 584-020-0040.
l4
15 ORDER
16
17 The Commission imposes a public reprimand on Harvey J. Santos. This Order
18 constitutes the reprimand. Furthermore, the Commission imposes a one-year
19 probation to commence with the signing of this order. During this probation, Mr.
2O Santos shall:
21
22 l. Conduct himself as a law-abiding citizen.
23
24 2. Comply with Standards of Competent and Ethical Performance for
25 Oregon Educators.
26
. 27 Violation of any terms of the probation shall constitute a basis for the Commission to
28 revoke Mr. Santos’ Teaching License, after first providing to Mr. Santos notice and
. 29 opportunity for hearing.
~ 30
3 l n i
32 Dated this / q day of 1' 105] , 1998 .
33 i
34 TEACHER STANDARDS AND PRACTICES COMMISSION
35
36 Q i oi: i
37 A ' 4/
38 By ‘ 4W4” / 'L
39 David V. yton, Ex cutive Director
40
41 DVM / cs
PAGE 2-“ STIPULATION AND ORDER-HARVEY J. SANTOS

1
. 2 CERTIFICATE OF MAILING

3
4
5 I hereby certify that I served the foregoing order by mailing a true copy thereof certified
6 by me as such by U. S. First Class Mail and U.S. Certified Mail with Return Receipt
7 Requested to:
8
9 Hank Kaplan

10 Bennett Hartman Reynolds 85 Wiser

11 851 SW 6th, Suite 1600

12

13 t’

14 Dated this /4 day of i 21% , 1998

I 5

16

l7 ..

18 >

19 . géhqw

20 harlene A. Smith

21 Executive Assistant to the Commission

i
PAGE 3" STIPULATION AND ORDER—HARVEY J. SANTOS