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 0f ) ORDER OF SUSPENSION g PETER PAUL LUCAS g AND PROBATION 7 On or about April 8, 2002, the Teacher Standards and Practices Commission 8 (Commission) received a report from Gary Peterson, Superintendent, Crook County School 9 District indicating that the Peter Paul Lucas (Lucas) placed his hand on a student while 10 escorting the student to the principal’s offioe for disciplinary reasons, in violation of directives 11 issued on January 16, 2001. > 12 Mr. Lucas fully cooperated with the Commission's investigation. After review of the 13 matters alleged, Mr. Lucas and the Commission agree that their respective interests, together 14 with the public interest, are best served by a stipulation to certain facts and the imposition of a 15 sixty (60) day suspension, followed by a period of probation of four (4) years. This Order sets 16 forth the facts upon which the parties have agreed and the sanction to be imposed. ln entering 17 into this stipulation, Mr. Lucas waives the right to a hearing to contest the findings of fact, 18 conclusion of law and order set forth below. 19 STIPULATION OF FACTS 20 1. Mr. Lucas holds a Standard Oregon Teaching License with Standard Physical 21 Education Endorsement valid until September 18, 2002. On September 14, 2001, the 22 Commission imposed a Public Reprimand and a two (2) year probation upon Mr. Lucas for 23 using physical force against a student in violation of OAR 584-020-0040(4)(d) and confronting a 24 student in an angry manner in violation of OAR 584-020-0030(2)(b). 25 2. Mr. Lucas was employed by the Crook County School District as a Physical 26 Education Teacher and a coach beginning in 1992. On January 16, 2001, Mr. Lucas received a 27 written reprimand from the school district directing him not to physically restrain a student and 28 not to make physical contact, beyond a handshake, with any student. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — PETER LUCAS 1 3. On or about February 13, 2002, Mr. Lucas confronted an unruly student. Mr. Lucas ' 2 placed his hand on the students neck and shoulder area to direct him to the office for 3 disciplinary reasons. The safety of the student or of any other person was not threatened. Mr. 4 Lucas‘ actions were contrary to the January 16, 2001, directive issued by the district. Mr. Lucas 5 resigned his teaching position with the Crook County School District, effective April 5, 2002. 6 4. Mr. Lucas is aware that he should not have placed his hands on the student and 7 regrets his behavior. 8 This stipulation is contingent upon approval and adoption of the Order by the 9 Commission. If the Commission does not adopt this Order, neither Mr. Lucas nor the 10 Commission are bound by these Stipulations and Mr. Lucas retains all rights to a hearing on the 1 1 allegations. 12 CONCLUSION 0F LAW 13 Peter Paul Lucas violated OAR 584-020-0040(4)(d) by placing his hands on the neck '4 and shoulders of a student in the course of escorting the student to the offioe for disciplinary 15 reasons. This misconduct constitutes Gross Neglect of Duty. The Commission's authority to 16 impose discipline in this matter is based upon ORS 342.175(1)(b) 17 IT I TIPULATED: 13 62(95222 4w- 01 20 Peter‘ cas Date I 23 David V. Myton, Executive rector Date ' 24 Teacher Standards and Pra tices Commission 25 DISCUSSION 26 The Level of force Mr. Lucas used was in violation of the district directive issued to Mr. 27 Lucas on January 16, 2001. In addition, the educator was on probation with the Commission for 28 previous behavior at the time of the incident. Therefore, a period of suspension is appropriate. O Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - PETER LUCAS 1 ORDER . 2 The Commission suspends the Oregon Standard Teaching License of Peter Paul Lucas 3 effective May 17, 2002 for a period of sixty (60) days. At the end of this suspension period, Mr. 4 Lucas’ Teaching License shall be reinstated providing he submits a complete application with 5 required supporting documentation and fees pursuant to OAR 584-020-0015(3); and report from 6 a counselor or mental health provider indicating that he is participating in counseling. 7 Upon reinstatement of his teaching license, Mr. Lucas shall be placed on probation for a 8 period of four (4) years subject to the conditions that he comply with all Standards for 9 Competent and Ethical Performance under OAR Chapter 584, Division 020 and notify the 1O Commission of his private or public school employment and any changes thereof during the 11 term of probation. 12 Violation of the terms of this probation may constitute an independent basis for the 13 Commission to impose discipline, up to and including revocation of Mr. Lucas’ teaching license ‘i4 subject Mr. Lucas‘ right to a hearing on the issue of whether he violated probation. 15 Dated this flay of May 2002 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 @Ml 18 By: ' é 615! ‘l/N 19 David V. Myton, Executi e Director 20 Approved as to form: 21 / 23 Henry J. Ian, OSB #83055 24 Attorney for Peter Paul Lucas [041602] O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND-PROBATION — PETER LUCAS 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 0f ) ORDER OF SUSPENSION g PETER PAUL LUCAS g AND PROBATION 7 On or about April 8, 2002, the Teacher Standards and Practices Commission 8 (Commission) received a report from Gary Peterson, Superintendent, Crook County School 9 District indicating that the Peter Paul Lucas (Lucas) placed his hand on a student while 10 escorting the student to the principal’s offioe for disciplinary reasons, in violation of directives 11 issued on January 16, 2001. > 12 Mr. Lucas fully cooperated with the Commission's investigation. After review of the 13 matters alleged, Mr. Lucas and the Commission agree that their respective interests, together 14 with the public interest, are best served by a stipulation to certain facts and the imposition of a 15 sixty (60) day suspension, followed by a period of probation of four (4) years. This Order sets i6 forth the facts upon which the parties have agreed and the sanction to be imposed. In entering 17 into this stipulation, Mr. Lucas waives the right to a hearing to contest the findings of fact, 18 conclusion of law and order set forth below. 19 STIPULATION OF FACTS 20 1. Mr. Lucas holds a Standard Oregon Teaching License with Standard Physical 21 Education Endorsement valid until September 18, 2002. On September 14, 2001, the 22 Commission imposed a Public Reprimand and a two (2) year probation upon Mr. Lucas for 23 using physical force against a student in violation of OAR 584-020-0040(4)(d) and confronting a 24 student in an angry manner in violation of OAR 584-020-0030(2)(b). 25 2. Mr. Lucas was employed by the Crook County School District as a Physical 26 Education Teacher and a coach beginning in 1992. On January 16, 2001, Mr. Lucas received a 27 written reprimand from the school district directing him not to physically restrain a student and 28 not to make physical contact, beyond a handshake, with any student. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — PETER LUCAS 1 3. On or about February 13, 2002, Mr. Lucas confronted an unruly student. Mr. Lucas ' 2 placed his hand on the students neck and shoulder area to direct him to the office for 3 disciplinary reasons. The safety of the student or of any other person was not threatened. Mr. 4 Lucas‘ actions were contrary to the January 16, 2001, directive issued by the district. Mr. Lucas 5 resigned his teaching position with the Crook County School District, effective April 5, 2002. 6 4. Mr. Lucas is aware that he should not have placed his hands on the student and 7 regrets his behavior. 8 This stipulation is contingent upon approval and adoption of the Order by the 9 Commission. If the Commission does not adopt this Order, neither Mr. Lucas nor the 10 Commission are bound by these Stipulations and Mr. Lucas retains all rights to a hearing on the 1 1 allegations. 12 CONCLUSION 0F LAW 13 Peter Paul Lucas violated OAR 584-020-0040(4)(d) by placing his hands on the neck '4 and shoulders of a student in the course of escorting the student to the offioe for disciplinary 15 reasons. This misconduct constitutes Gross Neglect of Duty. The Commission's authority to 16 impose discipline in this matter is based upon ORS 342.175(1)(b) 17 IT I TIPULATED: 13 62(95222 4w- 01 20 Peter‘ cas Date I 23 David V. Myton, Executive rector Date ' 24 Teacher Standards and Pra tices Commission 25 DISCUSSION 26 The Level of force Mr. Lucas used was in violation of the district directive issued to Mr. 27 Lucas on January 16, 2001. In addition, the educator was on probation with the Commission for 28 previous behavior at the time of the incident. Therefore, a period of suspension is appropriate. O Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - PETER LUCAS 1 ORDER . 2 The Commission suspends the Oregon Standard Teaching License of Peter Paul Lucas 3 effective May 17, 2002 for a period of sixty (60) days. At the end of this suspension period, Mr. 4 Lucas’ Teaching License shall be reinstated providing he submits a complete application with 5 required supporting documentation and fees pursuant to OAR 584-020-0015(3); and report from 6 a counselor or mental health provider indicating that he is participating in counseling. 7 Upon reinstatement of his teaching license, Mr. Lucas shall be placed on probation for a 8 period of four (4) years subject to the conditions that he comply with all Standards for 9 Competent and Ethical Performance under OAR Chapter 584, Division 020 and notify the 1O Commission of his private or public school employment and any changes thereof during the 11 term of probation. 12 Violation of the terms of this probation may constitute an independent basis for the 13 Commission to impose discipline, up to and including revocation of Mr. Lucas’ teaching license ‘i4 subject Mr. Lucas‘ right to a hearing on the issue of whether he violated probation. 15 Dated this flay of May 2002 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 @Ml 18 By: ' é 615! ‘l/N 19 David V. Myton, Executi e Director 20 Approved as to form: 21 / 23 Henry J. Ian, OSB #83055 24 Attorney for Peter Paul Lucas [041602] O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND-PROBATION — PETER LUCAS