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 ELVIE ISAAC BRINSON ) AND PROBATION

6 On or about March 15, 2006, the Teacher Standards and Practices Commission (Commission)

7 received a report from Maria Delapoer, Human Resources Director, Greater Albany School District,

8 indicating that Elvie Issac Brinson (Brinson) potentially used intimidating behavior towards employees

9 of a local business.
10 Mr. Brinson fully cooperated with the Commission's investigation. After review of the matters
11 alleged, Mr. Brinson and the Commission agree that their respective interests, together with the public
12 interest, are best served by a stipulation to certain facts, the imposition of a Public Reprimand and a
13 four (4) year probation.
14 This document sets forth the facts upon which the parties have agreed and the stipulated
15 sanction to be imposed. Mr. Brinson stipulates that there is sufficient evidence in the Commission's
16 files and records to support the findings of fact, conclusions of law, and order set forth below.
17 By signing below, Mr. Brinson acknowledges, understands, stipulates, and agrees to the
18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of
19 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any
20 rights to appeal or otherwise challenge this Stipulation of Facts, Final Order of Reprimand and
21 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and
22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is
23 contingent upon and subject to approval and adoption by the Commission. If the Commission does
24 not approve and adopt this Stipulation and Final Order, then neither Mr. Brinson nor the Commission I
25 are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands I
26 it completely; (v) he voluntarily, without anygforce or duress, enters into this Stipulation and Final
27 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no
28 promises or representation has been made to induce him to sign this Stipulation and Final Order; and

Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - BRINSON

1 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully

2 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior

3 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order

4 below.

5 STIPULATION 0F FACTS

6 1. The Commission has licensed Mr. Brinson since June 23, 1985. Mr. Brinson currently

7 holds a Standard Teaching License valid July 20, 2007, through July 19, 2012, with endorsements in

8 Construction, Engineering Technology, and Standard Technology Education.

9 2. On or about January 23, 2005 Mr. Brinson entered an Albany party store after stink bombs
1O were set off by a student in his classroom and confronted two store employees about the sale of stink
11 bombs to students.

12 3. Store employees reported that Mr. Brinson purchased some stink bombs and threatened,
13 on at least on occasion, to set off a stink bomb in the store and that he would return and set one off in
14 the store if another was set off in his classroom. One of the store employees was the parent of a
15 student in Brinson’s classroom.
16 4. During the conversation with store employees, Mr. Brinson characterized his visit as
17 representing the school district.
18 5. On October 31, 2002 the Commission disciplined Brinson for using a knife in his classroom
19 for pretending to cut the wires on a students headphones.
20 IT IS SO STIPULATED:
21 ‘ - s ngé’ ,
22 EIvi ac Brinso , Date
23 “sf/2% . . y// / / " Z//é rd?
24 Victoria Cha ‘a? Executive Director Date I
25 Teacher Standards and Practices Commission
26 / l/
27 l ll
28 / / /
29 l / /
30 / / /
Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - BRINSON

1 CONCLUSIONS OF LAW
2 Elvie Issac Brinson angrily confronted, outside of school, district patrons, concerning events
3 occurring in his classroom. This conduct constitutes Gross Neglect of Duty in violation of OR 584-
4 020-0040(4)(n) as it incorporates OAR 584-020-0030(2)(b) (Skill in communicating with students,
5 staff, parents and other patrons) and OAR 584-020-0010(5) (Use professional judgment). The
6 Commission has authority to impose discipline in this matter under ORS 342.120 through 342.430
7 and OAR Chapter 584.
8 ORDER
9 The Commission hereby adopts and incorporates herein the above findings of fact and
10 imposes a Public Reprimand on Elvie Issac Brinson. This Stipulation of Facts, Order and Probation
1 1 constitute the Reprimand.
12 Furthermore, the Commission places Mr. Brinson on Probation for a period of four (4) years
13 subject to the following terms and conditions:
14 1. Mr. Brinson shall, at his own initiative and expense, obtain an evaluation by a _,
., 15 psychotherapist. medical professional, or other mental health professional acceptable to the .
16 Commission addressing Mr. Brinsons anger management;
17 2. Mr. Brinson shall provide the results of the evaluation to the Commission within the first 6
18 months from the date of this Order;
19 3. Mr. Brinson shall report in writing within ten days to the Executive Director of the
20 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or violation of
21 criminal probation; and
22 4. Mr. Brinson shall comply with the Standards for Competent and Ethical Performance of .
23 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020 I
24 Violation of any term or condition of probation shall constitute an independent basis for the
25 Commission to revoke Mr. Brinson‘s teaching license or otherwise impose discipline, after first
26 providing Mr. Brinson with notice and opportunity for hearing,
27 ///
Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - BRINSON

M
1 Issued and dated thisQL/ day of October, 2008.
2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 STATE OF 0 - GON
4 W/i ’ / /
5 By ‘1%44/ wad/1144M)
6 Victoria Cham ' awcutive Director
7 ///
8 Approved as to form:
9
10
11 Ralp iser OSB# 81423
12 Attorney for Elvie Issac Brinson [080908]
I
Page 4 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION < BRINSON