i
1 BEFORE THE .
‘ 2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 STATE OF OREGON
4
5
6 In the Matter of the )
7 Teaching License of ) STIPULATION OF FACTS
8 EUGENE HERIGSTAD ) AND ORDER OF PROBATION
9 - I
IO
11
12 FINAL ORDER
l3
14 By resolution dated May 13-14, I999, the Teacher Standards and Practices
15 Commission adopts the attached proposed order to place Eugene Herigstad on
16 Probation for a period of one year from the date of order. Terms of probation as
17 indicated in the attached order.
I8 4h
l9 DATED THIS Z i day of May, 1999.
20
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22
23 _
24
, 25 By W I» o
( 26 David V. Myton, xecutive Director
27
28 NOTICE: YOU ARE ENTITLED TO A JUDICIAL REVIEW OF THIS ORDER.
29 JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW
30 WITHIN 60 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW
31 IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE OREGON
32 COURT OF APPEALS.
33
34

1 BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION
2 OF TI-IE STATE OF OREGON .
3
4 In the Matter of the ] STIPULATION OF FACTS
5 Teaching License of ) AND ORDER OF PROBATION
6 EUGENE I-IERIGSTAD )
7 )
8
9 On March 17, 1999, the Teacher Standards and Practices Commission informed Eugene
10 Herigstad that the Commission found sufficient evidence of violation of Standards for
ll Competent and Ethical Performance of Oregon Educators to warrant a hearing regarding
12 multiple convictions for DUII and Driving While Suspended. Herigstad requested a heating on
l3 the allegations, but before a hearing date was set, the parties have agreed that their respective
l4 interest and the interests of the State are best served by a Stipulation of Facts and Order of
1M9 15 _ Probation as set forth below.
16
17 STIPULATION OF FACTS
18
I9 1. Eugene Herigstad holds a Basic Teaching License endorsed for elementary and valid
20 from July 6, 1998 to November 30, 2001.
21
22 2. On or about February 15, 1994, Marion County District Court granted Herigstad
23 Diversion for DUII, on June 23, 1997, l-Ierigstad was convicted of a second DUII; and on
24 March 6, 1998, Herigstad was convicted of Driving While Suspended-—violation.
25
26 3. On November 4, 1997, Herigstad failed to maintain the dignity of the profession by
27 respecting and obeying the law. On June l8, 1996, Herigstad‘s driving privileges were
‘ 28 suspended for three years. Herigstad drove from his residence to work at Cummings ‘
~ 29 Elementary School each day beginning in September 1997 until November 4, 1997 ,
30 when he was arrested for Driving While Suspended in front of the school.
31
32 Eugene Herigstad enters into this Stipulation of Facts with knowledge that the Teacher
33 Standards and Practices Commission will place him on Probation for one year from the date of
34 this Order. This Stipulation is contingent upon approval and adoption of the Order by the
35 Commission. If the Commission does not adopt this Order, neither Eugene Herigstad nor the
36 Commission is bound by these stipulations, and Eugene l-Ierigstad retains all rights to a
37 hearing on the allegations.
38
39 IT IS SO STIPULATED:
40
4 l
42 .
43 W M J- a — 519
44 Eugen erigstad Date
45
46 ' V ‘ A>~/
47
4s / Z '4 l Z Z
49 David V. Myton, Executive Director Date
50 Teacher Standards and Practices Commission
. O
PAGE 1—PROPOSED STIPULATION AND ORDER-EUGENE HERIGSTAD

l
.~ 2 ULTIMATE FINDINGS OF FACT AND CONCLUSIONS OF LAW
3
4 Eugene Herigstad violated Standards of Competent and Ethical Performance for Oregon
5 Educators by multiple convictions for DUII and Driving While Suspended in violation of OAR
6 584-020-0040(5).
7 .
8 ORDER
9 1
10 The Commission places Eugene Herigstad on Probation for a period of one year from the date of I
11 this Order. During the period of probation Herigstad shall: I
12
I3 1) Conduct himself as a law-abiding citizen;
14
15 2) Comply with Standards of Competent and Ethical Performance for Oregon Educators; ‘
16
l7 3) Provide to the Commission such information as requested to verify that he has 1
18 complied with the conditions of probation, including a statement from his employing district
19 that he has complied with the Standards for Competent and Ethical Performance; and
20
21 4) Notify the Commission’s Executive Director of any discipline or investigation
22 occurring during the period of probation.
23
24 Violation of any terms of probation shall constitute a basis for the Commission to revoke .
25 Herigstad’s license, after first providing to Herigstad notice and opportunity for hearing.
26
27
O 28
29
30 k
31 Dated this Z z day of , 1999.
32
33 TEACHER STANDARDS AND PRACTICES COMMISSION
34
35 p .
36 4/
37 By M
38 David V. Myton, Executive Director
39
4O DVM / cs I
PAGE 2-PROPOSED STIPULATION AND ORDER—EUGENE HERIGSTAD

. 1 CERTIFICATE OF MAILING
2
3
4 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
S as such by U.S. Certified Mail with Return Receipt Requested to attorney for Eugene Herigstad:
6
7 Monica Smith
8 Smith Gamson Diamond & Olney
9 21 IO SW Jefferson, Suite 200
10 Portland, OR 97201-7712
l l
12
l3 Dated this éfiz day of , 1999.
14
15
16 2
17 _,
18 B M400 , 4W
19 C arlene A. Smith
20 Executive Assistant to the Commission
PAGE 3—PROPOSED STIPULATION AND ORDER—EUGENE HERIGSTAD