1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Q OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 KENNETH EARL COLLINS ) AND PROBATION 6 On or about June 17, 2002, the Teacher Standards and Practices Commission 7 (Commission) received a report from Kathryn Baker, Superintendent of Salem-Kelzer Public 8 Schools indicating that Kenneth Earl Collins (Collins) may have violated Standards on April 2, 9 2002, by appearing on duty under the influence of alcohol. 10 Mr. Collins fully cooperated with the Commission’s investigation. After review of the 11 matters alleged, Mr. Collins and the Commission agree that their respective interests, together 12 with the public interest, are best served by a stipulation to certain facts, the imposition of a 13 Public Reprimand and a four (4) year probation. This Order sets forth the facts upon which the 4 parties have agreed and the sanction to be imposed. Mr. Collins stipulates that there are i sufficient facts contained in the Commission's files and records to support the findings of fact 16 and conclusions of law set forth below. In entering into this stipulation, Mr. Collins waives the 17 right to a hearing to contest the findings of fact, conclusion of law and order set forth below. 18 Mr. Collins understands that the probation will be subject to specific conditions. 19 Mr. Collins enters into this Stipulation of Facts with the knowledge that the Commission 20 shall place him on probation for a period of four (4) years. This Stipulation is contingent upon 21 approval and adoption of the Order by the full Commission. If the Commission does not adopt 22 this Order, neither Mr. Collins nor the Commission are bound by these stipulations and 23 Mr. Collins retains the right to a hearing on the allegations. 24 STIPULATION OF FACTS 25 1. The Commission has licensed Kenneth Earl Collins since September 26, 1973. 26 Mr. Collins currently holds a Standard Teaching License valid April 9, 2001, through April 6, ‘ 2006, with Standard Art and Basic Drama Endorsements. Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - COLLINS 1 2. Mr. Collins has served as an Art Teacher at McNary High School, Salem-Keizer Q Public Schools, since 1973. 3 3. Mr. Collins appeared on duty under the influence 0f alcohol on April 2, 2002, at 4 McNary High School. On April 17, 2002, he entered into an agreement with Salem-Keizer 5 Public Schools requiring continuing participation in an alcohol treatment program. 6 4. Mr. Collins completed an eight (8) week outpatient treatment program at Serenity 7 Lane in June of 2002. Mr. Collins completed an inpatient treatment program at Serenity Lane in 8 October of 2002. 9 5. Mr. Collins recognizes that he has an alcohol abuse problem and has agreed to a 10 plan of treatment and aftercare as prescribed by his treatment provider. 11 IT IS SO STIPULATED: ,2 a; Z g 7Q. g. a 1;‘, 0m”; ‘9/ 13 Ke eth arl Coll'- . Date .f/I't 11.1.- Mg 16 _ rra Ch. berlaln xecut e Director Date 17 Teacher Stan - - and Prac ices Commission 18 CONCLUSIONS OF LAW , 19 Kenneth Earl Collins violated OAR 584-020-0040(4)(g) by appearing on duty while under 20 the influence of alcohol on April 2, 2002, at McNary High School. This misconduct constitutes 21 Gross Neglect of Duty. The Commission's authority to impose discipline in this matter is based 22 upon ORS 342.175. 23 ORDER 24 The Commission imposes a Public Reprimand on Mr. Collins. This Stipulation of Facts, 25 Order and Probation constitutes the Reprimand. Furthermore, the Commission imposes a four 26 (4) year probation upon Mr. Collins subject to the following terms and conditions: 27 1. Mr. Collins shall, at his own initiative and expense, continue to obtain treatment for 5 ‘r his alcohol dependency as recommended by his alcohol treatment provider; ‘ Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - COLLINS ‘ 1 2. During the period of his probation, Mr. Collins shall submit to the Executive Director Q of the Commission reports of his compliance with the treatment plan. Mr. Collins shall provide 3 these reports every six (6) months during his probation, on or before: November 9, 2003, May 9, 4 2004, November 9, 2004, May 9, 2005, November 9, 2005, May 9, 2006, November 9, 2006, 5 and May 9, 2007. 6 3. Mr. Collins shall comply with all Standards for Competent and Ethical Performance 7 pursuant to Oregon Administrative Rules Chapter 584, Division 020. 8 If Mr. Collins does not comply with his treatment plan based on the reports of his 9 treatment provider or as othenlvise determined by the Executive Director he shall be in violation 10 of the terms of this probation. Violation of the terms of this probation may constitute an 11 independent basis for the Commission to impose discipline, up to and including revocation of 12 Mr. Collins‘ teaching license subject to Mr. Collins’ right to a hearing on the issue of whether he |i3 violated probation. aw IT IS SO ORDERED this day of May, 2003 15 TEACHER STANDARDS AND PRACTICES COMMISSION L 16 i/L 17 = 1. ,I/Z L41 111/1444 18 Victoria Cha Executive Director 19 20 Approved as to form: 21 22 23 Thomas K. Doyle, OSB #97251 24 Attorney for Kenneth Earl Collins [032003] Page 3 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — COLLINS