1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) FINAL ORDER OF REPRIMAND

5 ROBERT JAMES HOFER ) AND PROBATION

6 On or about November 17, 2005, the Teacher Standards and Practices Commission

7 (Commission) received information that Robert James Hofer (Hofer) appeared on October 3,

8 2005, intoxicated at a Canby High School-Forest Grove High School girls’ soccer match.

9 Mr. Hofer fully cooperated with the Commission's investigation in this matter. After
1O review of the matters alleged, Mr. Hofer and the Commission agree that their respective
11 interests, together with the public interest, are best sewed by a stipulation to certain facts, a
12 reprimand followed by a two (2) year probation. Mr. Hofer understands that the probation will be
13 subject to specific terms and conditions.
14 This document sets forth the facts upon which the parties have agreed and the
15 stipulated sanction to be imposed. Mr. Hofer stipulates that there is sufficient evidence in the
16 Commission’s files and records to support the findings of fact, conclusions of law, and order set
17 forth below.
18 By signing below, Mr. Hofer acknowledges, understands, stipulates, and agrees to the
19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
20 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
21 such rights and any rights to appeal or othenrvise challenge this Stipulation of Facts, Final Order
22 of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is
23 a public document and disclosed to the public upon request by the Commission; (iii) this
24 Stipulation and Final Order is contingent upon and subject to approval and adoption by the
25 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
26 then neither Mr. Hofer nor the Commission are bound by the terms herein; (iv) he has fully read
27 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any

Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - HOFER

1 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
2 of the Stipulated Final Order below; (vi) he states that no promises or representation has been
3 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
4 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
5 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
6 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
7 STIPULATION OF FACTS
8 1. The Commission has licensed Robert James Hofer since July 1, 1977. Mr. Hofer
9 currently holds a Standard Teaching License issued December 9, 2004, valid through

10 November 4, 2010, with a Standard Social Studies Endorsement.

11 2. Mr. Hofer began employment with Canby School District in 1992, and is currently

12 assigned to Canby High School teaching Social Studies.

13 3. On October 3, 2005, Mr. Hofer appeared as a spectator at a Forest Grove High

14 School girls’ soccer match while under the influence of alcohol.

15 6. Mr. Hofer has an alcohol dependency problem and is currently undergoing a plan of

16 treatment and aftercare as prescribed by his treatment provider.

17 lT IS SO STIPULATE AND AGREED TO:

18 w Z 22M £2

19 Rotff>§m ofer / < Date I

20 MW _____¢- // W

21 ictoria Cha e in ecutive Director Date

22 Teacher Standards and Practices Commission

23 ///

24 l/l

25 ///

26 / / /

Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - HOFER

1 CONCLUSIONS OF LAW
2 On October 3, 2005, Robert James Hofer attended a school athletic event while under
3 the influence of alcohol. This conduct constituted Gross Neglect of Duty pursuant to OAR 584-
4 020-0040(4)(g). Appearing on duty or at any district-sponsored activity while under the
5 influence of alcohol or any controlled substance. The Commission has the authority to impose
6 discipline in this matter is based upon ORS 342.120 through 342.430 and OAR Chapter 584.
7 FINAL ORDER
8 The Commission hereby adopts and incorporates herein the above findings of fact and
9 conclusions of law and hereby imposes a Public Reprimand on Robert James Hofer. This
10 Order shall serve as the Public Reprimand.
11 Furthermore, the Commission places Mr. Hofer on Probation for a period of two (2)
12 years subject to the following terms and conditions:
13 1. Mr. Hofer shall, at his own initiative and expense, continue to obtain treatment for his
14 alcohol dependency as recommended by his alcohol treatment provider and to abstain from the
15 consumption of alcohol, if his treatment provider requires that as a part of his treatment plan;
16 2. Mr. Hoffer Shall to provide to the Commission a copy his alcohol treatment providers’
17 evaluation or treatment plan;
18 3. Mr. Hofer shall report in writing within ten days to the Executive Director of the
19 Commission any arrest or citation f0,r any felony, misdemeanor, major traffic violation or
20 violation of criminal probation; and
21 4. Mr. Hofer shall comply with the Standards for Competent and Ethical Performance of
22 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
23 5. In order to terminate his probation Mr. Hoffer shall provide to the Commission
24 verification that he is current with his treatment plan.
Page 3 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - HOFER

1 Violation of any term or condition of probation shall constitute an independent basis for
2 the Commission to revoke Mr. Hofer’s teaching license or otherwise impose discipline, after first
3 providing Mr. Hofer with notice and opportunity for hearing.
4 Issued and dated this é i Aday of November, 2007.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6 STATE OF I 'EGON
, /
7 % ~
3 By ‘Mi/2% ' 1/ . 1/11..“ M/
9 Wtoria Che r! ' , Executive Director
10
1 1 roved as to form:
12 I
13 ‘if A21, lA/J/
14 John S. Bishop OSB 7/ 9022
15 At rney for Robert ames Hofer [062307]
16
Page 4 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION 4 HOFER