" m 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) S'I'IPULATION OF FACIS AND 4 Teaching License of ) FINAL ORDER OF REPRIMAND g TIMOTHY WOJTUSIK ) AND TWO YEAR PROBATION 7 On May 26, 2010, the Teacher Standards and Practices Commission 8 (Commission) received a report from the J efierson County School District, indicating 9 Timothy Wojtusik (Wojtusik) had been arrested for Disorderly Conduct and Menacing, 10 regarding his involvement in placing .22 caliber ammunition in a hallway on school 1 1 property. 12 After review of the matters alleged, Wojtusik and the Commission agree that their 1 3 respective interests, together with the public interest, are best served by a stipulation to ‘ 14 certain facts and the imposition of a public reprimand with a two-year observation 1 5 period. 16 By signing below, Wojtusik acknowledges, understands, stipulates, and agrees to 17 thefollowing:(i)hehasbeenfullyadvisedofhisrightstonoticeandahearingtocontest ' 1B the findings of fact, conclusions of law, and order set forth below, and fully and finally 19 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 20 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 21 and Final Order is a public document and disclosed to the rmblic upon request by the 22 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 23 approval and adoption by the Commission. If the Commission does not approve and 24 adopt this Stipulation and Final Order, then neither Wojtusik nor the Commission are 25 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 26 understands it completely; (v) he voluntarily, without any force or duress, enters into 27 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 28 Final Order below; (vi) he states that no promise or representation has been made to 29 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 30 attorney regarding this Stipulation and Final Order and has been fully advised with 31 regardtohisrightsthereto,orwaivesanyandallrightstoconsultwithanattomeyprior 32 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 33 Final Order below. Wojtusik understands that the probation will be subject to specific 34 terms and conditions. 35 / / / ,e ‘I 1 STlPULATlON OF FACTS 2 1. Timothy Wojtusik has been licensed by the Commission since July 29, 1998. Wojtusik 3 held a Standard Teaching License, with endorsements in Basic ESOL(017), Basic 4 Integrated Science(o20), and Standard Elementary qucation(016), issued on April 22, 5 2007, that expired on April 21, 2012. As of the date of this document, Wojtusik has not 6 applied for renewal of his teaching license. During all relevant times Wojtusik was 7 employed by the Jefferson County School District. 8 2. On May 10, 2009, Wojtusik was arrested for disorderly conduct and menacing by the 9 Madras Police Department regarding a May 6, 2009, incident where, as observed on 1 O school surveillance video, Wojtusik deliberately plawd several .22 caliber bullets in the 1 1 hallway of the Jefferson County Middle School. Wojtusik‘ s conduct had the effect of 12 placing students and staff in fear of possible violence. On May 8, 2010, Wojtusik pled 13 guilty and was subsequently convicted of one count of Disorderly Conduct 2 (ORS 14 166.025), a class B misdemeanor. 15 3. Wojtusik cooperated with the Commission during its investigation. During his interview 16 with Commission Investigators, Wojtusik indicated he had been under considerable 17 stress at the time of the event. Wojtusik advised he had sought profssional treannent to 18 help him in dealing with this stress and has successfully completed any related 1 9 treatment. 20 / / / 21 IT IS SO STIPULATED: 55 /' \Mf MZQL 24 Tim n '- ‘W ' / 0 Date 22 fi” 11.: 111.21 4.14 2 *l3//J/ 27 Y maChami-‘EL' - tiveDirector Date 28 Teacher Standards and Practices Commission 29 CONCLUSION OF LAW 30 ‘limothy Wojtusik deliberately placed .22 caliber ammunition in the hallway of 31 the Jefferson County Middle School, causing alarm and fear of possible violence for both 32 students and staff. Wojtusik pled guilty and was subsequently convicted of one count of 33 Disorderly Conduct 2 (ORS 166.025), a class B misdemeanor. This conduct constitutes 34 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it 35 incorporates OAR 584-020-0010(5) (Use professional judgment). This conduct also .4 u 1 constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020- 2 oo40(5)(c)(Conviction of violating any federal, state, or local law. A conviction 3 includes any final judgment of conviction by a court whether as the result of guilty 4 plea, no contest plea or any other means), OAR 584-020-0040(5)(e) (Admission of or 5 engaging in acts constimting criminal conduct, even in the absence of a conviction). 6 The Commission's authority to impose discipline in this matter is based upon 7 ORS 342.175. 8 ORDER 9 The Commission adopts and incorporates herein the above findings of fact and 10 conclusions of law, and based thereon, imposes a Public Reprimand on Timothy 11 WojtusiksStandardTeachinincense,andimposesatwoyearprobaiionperiodtobegin 1 2 upon the renewal of Wojtusik’s teaching license, should he apply for and receive renewal, 1 3 or any other educator license or registration. Wojtusilfs probation is subject to the 14 following terms and conditions of probation: 1 5 1. Wojtusik will submit documentation that he completed/met all terms of his 1 6 bench probation. 1 7 2. Wojtusik shall comply with the Standards for Competent and Ethical 18 Performance of Oregon Educators under Oregon Administrative Rules 19 Chapter 584, Division 020. 20 Violation 0f any term 0r condition of probation shall constitute an independent basis for 21 the Commission to revoke Wojtusik's teaching license or otherwise impose discipline, 22 after first providing Wojtusik with notice and opportunity for hearing. 23 Issuedanddatedthis my ofJuly,2012. 24 TEACHER STANDARDS AND PRACTICES COMMISSION 25 STATE OF O f ' 0 N 2? ‘- A!” . ‘(/1/1. A I ’ A 28 ‘Ema Chamber "st Director