‘ 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 ) ORDER OF REINSTATEMENT 5 JOEL EDWARD MALONE ) AND PROBATION 6 On or about September 21, 2004, the Teacher Standards and Practices Commission 7 (Commission) received an application for reinstatement of a revoked Standard Teaching 8 License from Joel Edward Malone (Malone). Mr. Malone answered affirmatively to character 9 questions 1, 4, and 7. Mr. Malone submitted a personal affidavit and recommendations of 1 1O support to establish that he has the qualifications required for renewal of reinstatement of a 1 1 license. 12 After review of this matter, Mr. Malone and the Commission agree that their respective 13 interests, together with the public interest, are best served by a stipulation to certain facts and the imposition of a three year (3) probation. Q This Order sets forth the facts upon which the parties have agreed and the sanction to 16 be imposed. Mr. Malone stipulates that there are sufficient facts contained in the Commission’s 17 files and records to support the findings of fact and conclusions of law set forth below. In 18 entering into this stipulation, Mr. Malone waives the right to a hearing to contest the findings of 19 fact, conclusions of law and order set forth below. 20 This stipulation is contingent upon approval and adoption of the Order by the 21 Commission. If the Commission does not adopt this Order, neither Mr. Malone nor the 22 Commission are bound by these Stipulations and Mr. Malone retains all rights to a hearing on 23 the allegations. 24 STIPULATION OF FACTS 25 1. The Commission licensed Mr. Malone beginning December 27, 1979, until revocation i on August 6, 1996. 1 STIPULATION OF FACTS, ORDER OF REINSTATEMENT AND PROBATION - MALONE d 2. On April 24, 1995, the Commission received a report from Gresham-Barlow School 2 District indicating that Mr. Malone, a teacher at Gresham High School, had inappropriate 8 physical contact with a 16 year old student and engaged in a personal relationship with her 4 beyond what is appropriate between a professional educator and student. 5 3. On August 6, 1996, the Commission adopted a Final Order by Default revoking the 6 teaching license of Mr. Malone for engaging in an inappropriate relationship with a 16 year old 7 female student. 8 4. On September 21, 2004, Mr. Malone submitted application requesting reinstatement 9 of a revoked Standard Teaching License. 1O 5. On March 10, 2005, the Commission reviewed the application materials Mr. Malone 11 submitted in support of reinstatement pursuant to OAR 584-050-0015 (4). The Commission 12 adopted a resolution requiring that Mr. Malone undergo a psychiatric evaluation including recommendation for reinstatement. q 6. On April 8, 2005, the Commission received reports from Vanderbilt University Medical 15 Center recommending reinstatement of a teaching license. 16 IT SO STIPULATED: 1, 4.4 ,1, 1%,’ 211M 18 ii Edwar Malone Date 19 / . 21 ictoria Cham Executive Director Date 22 Teacher Standards and Practices Commission 23 CONCLUSION 0F LAW 24 Mr. Malone provided sufficient evidence to establish convincingly that he possesses the 25 qualifications required for reinstatement of his Standard Teaching License pursuant to OAR 26 584-050-0015(4). . /// 2 STIPULATION OF FACTS, ORDER OF REINSTATEMENT AND PROBATION - MALONE .1 ORDER 2 The Standard Teaching License of Joel Edward Malone is hereby reinstated subject to 3 all standard terms and conditions. 4 Furthermore, the Commission imposes a three (3) year probation upon Mr. Malone 5 subject to the condition that he comply with all Standards for Competent and Ethical 6 Pertormance of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 7 020. 8 Failure to comply with any condition of probation may constitute an independent basis 9 for the Commission to impose discipline, up to and including revocation of Mr. Malone’s 10 licensure subject to Mr. Malone’s right to a hearing on the issue of whether he violated 11 probation. 12 IT IS SO ORDERED thisagflday of April, 2005. i TEACHER STANDARDS AND PRACTICES COMMISSION 12 By mil/dag .ll \ - 16 Victoria Chambe wxecutive Dir ctor [0411051 O 3 STIPULATION OF FACTS, ORDER OF REINSTATEMENT AND PROBATION - MALONE