BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
‘ OF THE STATE 0F OREGON
In the Matter of the )
Personnel Service License of ) STIPULATION 0F FACTS AND
JOSEPH ANTHONY HERTZ g ORDER OF REVOCATION
0n or about September 30, 1996, the Teacher Standards and
Practices Commission (Commission) issued a notice of opportunity
for hearing to Joseph Anthony Hertz in which the Commission
proposed to suspend or revoke the personnel service license of
Mr. Hertz, or otherwise impose discipline under ORS 342.177 based
upon alleged misconduct, including conviction of the crime of
assault in the third degree, a Class C felony. 0n October 11,
1996, Mr. Hertz requested a hearing. In accordance with Mr.
Hertz's wishes, a hearing has not yet been scheduled.
y The Commission and Mr. Hertz have now reviewed the matter
I alleged and have agreed that their respective interests, together
with the public interest, are best served by revoking Mr. Hertz's
right to apply for a personnel service license and a stipulation
to certain facts. In entering this stipulation, Mr. Hertz waives
his right to a hearing. This agreement sets forth the facts upon
which the parties have agreed and the Commission's order revoking
Mr. Hertz's right to apply for a personnel service license.
STIPULATED FACTS
Mr. Hertz agrees and stipulates that substantial evidence
exists in the record to support the following findings of fact by
the Commission:
Page 1 -— STIPULATION 0F FACTS AND ORDER OF REVOCATION
f}

1. Mr. Hertz has been employed as a school psychologist

. from about September 1987 to May 1994. During that period, he
has been employed by the Douglas County Education Services
District, the Lake Washington (Washington) School District, and
the Curry Education Services District. Mr. Hertz has been an
effective school psychologist throughout his career. Mr. Hertz's
personnel service license expired on September 13, 1996.

A 2. At about 2 a.m. on April 22, 1994, Mr. Hertz entered
the residence of his estranged wife, who was in bed with her
boyfriend. Mr. Hertz repeatedly struck the boyfriend with a
piano bench leg that Mr. Hertz had brought with him, inflicting
multiple contusions and broken bones on the boyfriend. During
the incident, Mr. Hertz's estranged wife suffered minor
contusions and a broken finger. I

' 3. Based on the above, Mr. Hertz was indicted for the
crime of assault in the third degree, a Class C felony. On
September 19, 1994, Mr. Hertz entered a plea of guilty to the
crime.

4. 0n October 12, 1994, the Curry County Circuit Court
sentenced Mr. Hertz to 180 custody units and 60 months probation,
and ordered Mr. Hertz to make certain payments including $33,000
to his estranged wife's boyfriend. The court ordered Mr. Hertz
to satisfy those financial obligations by paying $250 per month
to the court, beginning February 7, 1995.

Page 2 —— STIPULATION 0F FACTS AND ORDER OF REVOCATION

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5. Mr. Hertz's behavior was based in part on his desire to
. protect his children, who were living with his estranged wife and
her boyfriend.

6. Mr. Hertz has no prior criminal history.

7. Following his arrest and before his sentencing, Mr.
Hertz attended seven sessions of anger management counseling.

The clinical psychologist who supervised the counseling concluded
that Mr. Hertz had made good progress and was not likely to be a
danger to anyone.

8. Since his release from incarceration in December 1994,
Mr. Hertz has complied with all the terms of his probation except
for the following: Mr. Hertz is significantly delinquent in
making payments to the court.

9. Mr. Hertz's failure to make payments to the court is

' the result of his failure to obtain meaningful employment
following his release from incarceration. Mr. Hertz currently is
enrolled in taxidermy school and earns small amounts of money
chopping wood.

10. This stipulation and the proposed order are contingent
upon approval by the full Commission at the Commission's next
meeting. If the Commission does not approve this stipulation,
the matter will be returned for a hearing, and neither the
Commission nor Mr. Hertz shall be bound by the matters in this
stipulation.

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CONCLUSION OF LAW
. Mr. Hertz's conduct renders him unfit to hold a personnel
service license under OAR 584-20-040(3)(a).
ORDER

The Commission revokes Mr. Hertz's right to apply for a
personnel service license as provided in ORS 342.175(1) and OAR
584-50-027(2).

Under ORS 342.175(3), any person whose right to apply for a
license has been revoked may apply to the Commission for
reinstatement after one year from the date of revocation. If Mr.
Hertz should apply for reinstatement at some future date, the
decision would lie within the discretion of the Commissioners who
consider the matter at that time. Without limiting the
discretion of future Commissioners, it is expected that Mr. Hertz
would demonstrate, at a minimum, that he has complied with all

' the terms of his probation, demonstrated progress and efforts to
become current in payments required to be made to the court under
the terms of his Judgment Order of Conviction, and that he has
Page 4 —— STIPULATION OF FACTS AND ORDER OF REVOCATION

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committed no acts that would constitute a violation of
‘ professional standards under OAR, Division 20.
.~ #4
It is so stipulated and ordered this é? day of March, 1997:
TEACHER STANDARDS AND PRACTICES COMMISSION
By: [Ca 1-1 11g K!‘ “live/‘a
David V. My on, E cutive Secretary
u I r
It 1s so stipulated thisag 2 da of - , 1997:
Q
ose ntho y He z
SSBHERTZ.ORD
Page 5 -- STIPULATION OF FACTS AND ORDER OF REVOCATION

CERTIFICATE OF MAILING
‘ I hereby certify that I served the foregoing Order by mailing a true copy thereof,
certified by me as such, by U.S. first class mail, and U. S. Certified Mail, with
Return Receipt Requested addressed to: '
JOSEPH ANTHONY HERTZ
N 16117 CIRRUS COURT
SPOKANE WA 99208
Dated this 025" day of , 1997.
Byzg ggl/LZz/cog 4- Zéngaw
Charlene A. Smith
Secretary to the Commission