RECEIVED 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMIS ION 000118! StandaIGQ 81 2 OF THE STATE OF OREGON Pm CommiSSlofl 3 In the Matter of the ) STIPULATION OF FACTS, FINAL ORDER 4 Teaching License 0f ) OF REVOCATION, AND REVOCATION OF 5 JOSHUA E. HEAD ) RIGHT TO APPLY FOR LICENSE g 8 On or about November 7, 2011, the Teacher Standards and Practices Commission 9 (Commission) received a report from a patron of the Lebanon School District, indicating that the 1O patron had been the victim of a crime committed by licensed educator Joshua Head (Head) in , 1 1 2006. 0n April 4, 2012, Head pied guilty to two counts of sex abuse in the third degree, ORS i 12 163,415, a class A Misdemeanor. i 13 After review of the matters alleged, Head and the Commission agree that their respective 14 interests, together with the public interest, are best served by a stipulation to certain facts, 15 Revocation of Head’s Oregon Teaching License, and the Revocation of Head’s Right to Apply for 16 Licensure, as mandated by ORS 342.175(3); ORS 342.143(3); and OAR 584-02o-oo4o(1)(m). 17 This document sets forth the facts upon which the parties have agreed and the stipulated 18 sanction to be imposed. Head stipulates that there is sufficient evidence in the Commission’s 1 9 files and records to support the findings of fact, conclusions of law, and order set forth below. 20 By signing below, Head acknowledges, understands, stipulates, and agrees to the 21 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 22 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 23 such rights and any rights to appeal 0r otherwise challenge this Stipulation of Facts and Final 24 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 25 Stipulation and Final Order is a public document and disclosed to the public upon request by the 26 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval 27 and adoption by the Commission. If the Commission does not approve and adopt this 28 Stipulation and Final Order, then neither Head nor the Commission are bound by the terms Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION — HEAD, JOSHUA E. 1 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) 2 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and 3 consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no 4 promises or representation has been made to induce him to sign this Stipulation and Final 5 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 6 and has been fully advised with regard t0 his rights thereto, or waives any and all rights to 7 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 8 entry of the Stipulated Final Order below. This Order sets forth the facts upon which the parties 9 have agreed and the sanction to be imposed. Head stipulates that there are sufficient facts 10 contained in the Commission’s files and records to support the findings of fact and conclusions 1 1 of law set forth below. In entering into this stipulation, Head waives the right to a hearing to 12 contest the findings of fact, conclusions 0f law and order set forth below. 13 STIPULATION OF FACTS 14 1. The Commission has licensed Head since August 28, 2004. Head currently holds an 15 Initial I Teaching License with an endorsement in Music (ML/ HS) issued June 3, 2011, 16 that expires on August 28, 2014. During all relevant times, Head was employed by the 1 7 Lebanon School District. 18 2. On April 4, 2012, Head pled guilty to two counts of Sexual Abuse in the Third Degree 19 (ORS 163.415), a class A misdemeanor. 20 3. The above cited conviction arose from conduct between February 6, 2006, and February 21 5, 2007, where Head subjected a student, under the age of 18, to sexual contact. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION — HEAD, JOSHUA E. 1 IT IS\SO STIPULATED: / 2 :Qlfié é a é EZ g Q g2 l l 3 Jos . D ea ‘ Date 4 9-4: #21 5 Victoria ChambeT-Vve Director Date 6 Teacher Standards and Practices Commission 7 CONCLUSION 0F LAW 8 Joshua E. Head subjected a student, under the age of 18, to sexual contact. Head was 9 subsequently convicted of two counts of Sexual Abuse in the Third Degree (ORS 163.415), a class 1O A misdemeanor listed in ORS 342.143. Head’s criminal conviction constitutes gross neglect of i 1 1 duty in violation of ORS 342.175(3);, OAR 584-020-004o(4)(n) as it incorporates OAR 584- 12 o20-001o(5) (Use professional judgment); and OAR 584-020-004o(1)(m) (ORS 163.415 — 13 Sexual Abuse in the Third Degree). This conduct also constitutes gross unfitness in violation of ; 14 ORS 342.175(1)(b); OAR 584-o2o-oo4o(5)(e) (Admission of or engaging in acts constituting 15 criminal conduct, even in the absence of a conviction). Head’s conduct underlying his i 16 conviction constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- i 17 oo40(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584- 18 020-004o(4)(k) (knowing violation of any rule or order of the Commission); Oar 584-020- 19 oo40(4)(f)(Any sexual conduct with a student); OAR 584-020-004o(4)(o) as it incorporates 2O OAR 584-020-0035(3)(a)(Maintain the dignity 0f the profession by respecting and obeying the 21 law, exemplifying personal integrity and honesty). 22 The Commission’s authority to impose discipline in this matter is based upon ORS 23 342.175. 24 / / / 25 / / / 26 / / / 27 / / / Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION — HEAD, JOSHUA E. 1 i 1 ORDER 2 The Commission adopts the above Stipulation of Facts, permanently revokes Joshua 3 Head’s Teaching License, and permanently revokes Joshua Head’s right to apply for a license. 4 IT IS SO ORDERED this 4i” day of November, 2012. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 7 By: M) 8 Victoria Chamber ai , cutive Director Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION — HEAD, JOSHUA E.