. t I I . 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION I 2 OF THE STATE OF OREGON 1 3 I 4 In the Matter of the ) STIPULATION OF FACTS, , 5 Teaching License of ) SUSPENSION AND ORDER , 6 BRIAN LEMOS ) OF PROBATION , g ) 9 On or about August 31, 2000, the Teacher Standards and Practices Commission , 10 (Commission) issued a notice of denial to Brian Lemos (Lemos) based upon OAR 584- 11 050-0006(1)(e) in response to his application for renewal of his Teaching License. On 12 or about September 14, 2000, Lemos requested a hearing on the denial of renewal of 13 his Teaching License. 14 The Commission and Lemos have now reviewed the matters alleged and have l5 agreed to the following stipulation of facts as per OAR 584-050-0027. In entering this 16 stipulation of facts Lemos waives his right to a hearing. This agreement sets forth the 17 facts Lemos will not contest, including the Commission Order of a sixty-day suspension 18 of Lemos‘ Teaching License and a four-year probation. 19 20 STIPULATION OF FACTS 21 Lemos and the Commission stipulate as follows: 22 1. Brian Lemos holds a License of Accomplishment valid from August 5, 1998 to 23 August 5, 2000. . 24 2. Lemos is employed by the Tillamook School District assigned to a Special Education 25 Classroom. Page 1-STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION - LEMOS . 1 3. On July 14, 1992, Lemos was arrested for DUll and Assault lV in Clackamas 2 County. On March 19, 1993, Lemos plead guilty and was convicted in Clackamas 3 County District Court. Lemos was sentenced to 48 hours in jail or 80 hours 4 community service; total fines of $500.00; attend Victim‘s Panel; and 24 months in 5 jail, imposition of sentence suspended, for 24 months Probation to Corrections 6 Department for Clackamas County. 7 4. On July 4, 1995, Lemos was arrested for Assault IV in St. Paul, Marion County, 8 Oregon. He was intoxicated at the time of his arrest. On October 22, 1995, Lemos 9 plead guilty and was convicted of Assault lV in Marion County District Court. Lemos 10 was sentenced to and 24 months in jail, imposition of sentence suspended, for 24 11 months Probation to Corrections Department for Marion County; additional .12 conditions included: Anger management through NTSI; no contact with victim; no 13 possession or consumption of alcohol; defendant shall not frequent places where 14 alcohol is served; total fines $560.00. 15 5. On September 22, 1995, Lemos was arrested by citation to appear in Ashland 16 Municipal Court on the charge of Disorderly Conduct and Possession of Less Than 17 One Ounce of Marijuana. On October 24, 1995 Lemos was convicted of Disorderly 18 Conduct and sentenced to 60 days in jail, sentence suspended; one year probation; 19 and fined $300.00 in Ashland Municipal Court. Also, on October 24, 1995, Lemos 20 received Diversion for the charge of Possession of Less Than One Ounce of 21 Marijuana and a fine of $325.00. O Page 2-STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION - LEMOS . 1 6. On August 20, 2000, Lemos was arrested in his residence located in Tillamook 2 County, Oregon, for Domestic Harassment. Lemos was booked into the Tillamook 3 County Jail. His Blood Alcohol Content was .14 by lntoxilyzer. 4 7. Lemos recognizes that he has an alcohol abuse problem and has agreed to a plan Pt‘ 5225;04me . _ 5 of-mpatioat treatment and aftercare as prescribed by treatment prowder. 6 Brian Lemos enters into this Stipulation of Facts with the knowledge that the 7 Teacher Standards and Practices Commission will suspend his Oregon Teaching 8 License for a period of sixty days and upon reinstatement of the license shall place him 9 on probation for a period of four years. This Stipulation is contingent upon approval and 10 adoption of the Order by the Commission. If the Commission does not adopt this Order, 11 neither Lemos nor the Commission are bound by these stipulations and Lemos retains .12 the right to a hearing on the allegations. 13 IT IS SO STIPULATED: 14 15 g 9 an 00 16 B 0s Dat 17 ‘ 18 19 QM % l~e~ 72H! 1w 20 David V. Myton Execu ve Director Date 21 Teacher Standards and Practices Commission 22 23 24 CONCLUSIONS OF LAW 25 Under ORS 342.175 Lemos violated OAR 584-020-0040(5)(c), Gross Unfitness, when 26 he was convicted of violating state or local laws: April 19, 1993; October 22, 1995; and 27 September 22, 1995. A charge of Domestic Harassment is pending in Tillamook .28 County, Oregon. Page 3-STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION - LEMOS . 1 ORDER 2 The Commission adopts the above finding of fact and suspends the Oregon Teaching 3 License of Brian Lemos for a period of sixty (60) days commencing on the first day of 4 his admission into a residential alcohol abuse rehabilitation treatment facility and a four 5 year probation. At the end ofthe suspension period, Lemos’ Teaching License will be 6 reinstated upon application and certification of completion of residential alcohol abuse 7 rehabilitation treatment and participation in aftercare as prescribed in the treatment 8 plan. 9 The terms of probation are as follows: 10 1. Lemos shall, at his own initiative and expense, obtain treatment for his alcohol 11 dependency; '12 2. Lemos shall provide the Executive Director with a copy of the treatment plan; 13 3. During the period of his suspension and probation, Lemos shall comply with 14 the terms of the treatment plan; 15 4. During the period of his probation, Lemos shall obtain from his treatment 16 provider reports of his compliance with the treatment plan, which he (or the 17 provider) will submit to the Executive Director of the Commission. Lemos shall 18 provide these reports monthly for the first six months of his probation and 19 quarterly for the balance of his probation; 2O 5. If Lemos does not comply with his treatment plan based on the reports of his 21 treatment provider or as otherwise determined by the Executive Director he shall 22 be in violation of the terms of this probation. If the Executive Director determines .23 at any time that Lemos has not complied with the terms of this order, the 24 Executive Director may give notice of intent to revoke Lemos’s teaching license Page 4-STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION - LEMOS _ . 1 0n the ground that he has violated the terms of probation. In such event, Lemos 2 shall be entitled to a hearing solely on the issue of whether or not he has 3 complied with the terms of this probation. / 4 Dated this [2)’an of A 0*“- , 2000 5 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 \ . 8 9 By i’ 10 David V. Myton, Executive irector 11 12 13 APPROVED AS TO FORM: .14 - 1s (My /"/>/" 16 Ralph E. Iser Date 17 Attorney for Brian Lemos 18 19 20 21 22 [tspc/orderllemos] 23 24 Page 5-STIPULATION OF FACTS, SUSPENSION AND ORDER OF PROBATION - LEMOS