t ,
> 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
. 2 OF THE STATE OF OREGON
3 In the Matter of the )
4 Teaching License of ) STIPULATION OF FACTS,
5 DONALD LEE BRAND ) ORDER OF SUSPENSION
6 ) AND PROBATION
7
8 On November 5, 2001, the Teacher Standards and Practices Commission (Commission)
9 received a report from William Jones, Superintendent of Jackson County School District
10 indicating that Donald Lee Brand (Brand) had been charged with insubordination and neglect of
11 duty regarding student records.
12 After a review of the matters alleged, Mr. Brand and the Commission agree that their
13 respective interests, together with the public interest, are best served by a stipulation to certain
14 facts, the imposition of a ninety (90) day suspension of his teaching license followed by a
15 probation of two (2) years. This Order sets forth the facts upon which the parties have agreed
. 16 and the sanction to be imposed. ln entering into this stipulation, Mr. Brand waives the right to a
17 hearing to contest the finding of fact, conclusion of law and order set forth below.
18 STIPULATION OF FACTS
19 1. Donald Lee Brand has been serving as a licensed educator in Oregon since 1987.
20 His current Standard Teaching License was on August 10, 2000, valid until June 21, 2006, with
21 Basic Elementary and Standard Handicapped Learner l Endorsements.
22 2. Mr. Brand began his employment with the Jackson County School District in
23 November of 1996. He was assigned as a Special Education Teacher at Eagle Point High
24 School.
25 3. On May 4, 2000, the District placed Mr. Brand on a “Pre-Program of Assistance"
26 focusing on improved: human relations and communication skills; student learning; and lEP
27 Plans. _
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' 1 4. During the spring and fall of 2001, Mr. Brand failed to maintain accurate school
2 records for student under his responsibility by reporting certain students were attending school
3 when, in fact the students were absent and by giving students credit for school work that the
4 students had not completed.
5 5. On October 11, 2001, the school district placed Mr. Brand on administrative leave.
6 Subsequently he went on a medical leave, and he has not returned to the classroom. On
7 February 26, 2002, Mr. Brand resigned from his teaching position effective June 30, 2002, and
8 agreed to remain on unpaid leave for the remainder of the school year.
9 IT IS SO STIPULATED:
10 ,
11 ngg Z; @W/ Z'I~ O'L
12 Donald Lee Brand »/ Date
13
14 dimiMM ‘111101
. 15 Linda Samek, Deputy Director Date
16 Teacher Standards and Practices Commission
1573 CONCLUSIONS OF LAW
19 Mr. Brand violated OAR 584-020-0040(4)(c) by failing to maintain accurate student
20 records concerning attendance and course work. The Commission’s authority to impose
21 discipline in this matter is based upon ORS 342.175(1)(b).
22 ORDER
23 Donald Lee Brand's Standard Teaching License is suspended for a period of ninety (90)
24 days beginning on August 2, 2002. At the end of this suspension period, Mr. Brand‘s Teaching
25 License shall be reinstated upon submission of a complete application with required fees and
26 supporting documentation pursuant to OAR 584-050-0015(3).
27 Furthermore, the Commission imposes a two (2) year probation upon Donald Lee Brand
' 28 to commence on the date of reinstatement of Iicensure subject to the condition that Mr. Brand
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’ 1 comply with all Standards for Competent and Ethical Performance under Chapter 584, Division
2 020.
3 Violation of any of the terms of probation shall constitute an independent basis for the
4 Commission to revoke Mr. Brand’s teaching license or otherwise impose discipline, after first
5 providing Mr. B? with notice and opportunity for hearing.
6 Dated this é II day of August 2002.
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8
9 51W
10
11 Approved as to Form:
12
14 Margaret S Iney, OSB # 88135
' 15 Attorney for onald Lee Brand [0709021
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Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - BRAND