l BEFORE THE TEACHER STATNDARDS AND PRACTICES COMMISSION , STATE OF OREGON 3 In the Matter of the Teaching License of 4 STIPULATION AND ORDER OF SUSPENSION MICHAEL ERIC McNEIL 5 CaseNo. 108158 6 7 The Teacher Standards and Practices Commission (Commission) issued a Notice of 8 Opportunity for Hearing on April 3, 2003, to Michael Eric McNeil, proposing to impose 9 discipline under ORS 342.177. Mr. McNeil has requested a hearing. After a review of the 10 matters alleged, Mr. McNeil and the Commission have agreed that their respective interests, ll together with the public interest, are best served by a stipulation to certain facts and the 12 suspension of Mr. McNeil’s license, followed by a period of probation. . In entering into this stipulation, Mr. McNeil waives his right to a hearing and understands 14 that the Commission will suspend his teaching license for a period of 90 days. This stipulation 15 and order are contingent upon approval by the full Commission. If the Commission does not 16 approve this stipulation and proposed order, it is understood that any waiver of rights by Mr. 17 McNeil is therefore revoked. It is further understood that the statements contained in this 18 stipulation may not be used by either the Commission or Mr. McNeil for any reason if the 19 Commission fails to approve this stipulation and proposed order. 20 STIPULATED FACTS 21 Mr. McNeil and the Commission stipulate as follows: 22 1. Mr. McNeil holds a Basic Teaching License with an endorsement in elementary 23 education. The license is valid through November 12, 2005. fage 1 - STIPULATION AND ORDER OF SUSPENSION/McNeil i JGM:1'jh\\\DOJ-LD-CE-FP2\HOME\General Counsel\rh1\tapwip\GENG5496.DOC l l i i 1 2. Mr. McNeil was convicted of Harassment in Yamhill County Circuit Court on ‘ May 24, 2002. The court placed him on probation and required him to undergo Domestic 3 Violence treatment. 4 3. As a result of his conviction, the Commission issued a Public Reprimand and 5 placed Mr. McNeil on probation for two years, beginning October 11, 2002 6 4. Mr. McNeil violated his court probation by failing to complete his treatment 7 program to the satisfaction of the court. As a result, on April 28, 2003, the court extended his 8 probation by six months, ordered Mr. McNeil to complete the program and sentenced him to two 9 days on a work crew. 10 5. Mr. McNei1’s failure to comply with his court probation is also a violation of his 11 probation to the Commission. 12 ,. 7 / ' £12144 'j/Qa (‘Z/£2 g QQ/ , 41-46 lchael Eric McNeil ” V Date 14 / 15 wait/414“; /. r Q“i4:__—__—0; 16 Victoria Ch erain, Executive Director Date 17 CONCLUSION OF LAW 18 Michael Eric McNeil failed to comply with his court ordered probation. This conduct l9 constitutes gross unfitness under OAR 584-020-0040(5)(f). 20 21 ORDER 22 The Oregon Teaching License of Michael Eric McNeil is suspended for a period of 90 23 days beginning with the date of this order. Upon expiration of the period of suspension and Qge 2 - STIPULATION AND ORDER OF SUSPENSION/McNeil J GM:[jh\\\DOJ-LD-CE-FP2\HOME\General Counsel\rhl\tapwip\GENG5496.DOC ' _ if 'i 1 timely application for reinstatement under OAR 584-050-0015, Mr. McNeil’s teaching license '2 shall be reinstated upon the condition that he successfully complete the anger management 3 program and comply with all other terms of his court-ordered probation. 4 Following reinstatement, Mr. McNeil shall be placed on probation from the date of 5 reinstatement for a period of one year. 6 Violation of any condition of probation may constitute an independent basis for the 7 Commission to impose discipline, up to and including revocation of Mr. McNeil’s Oregon 8 Teaching License, subject to his right to a hearing on the issue of whether he violated probation. 9 w 10 IT IS SO ORDERED this Z day of Mk) , 2003. 11 12 TEACHER STANDARDS AND PRACTICES COMMISSION U é 2 1 14 By: I Victoria Chamb ‘n, Executive irector 1 5 16 1 7 1 8 19 20 2 l 22 23 ‘age 3 - STIPULATION AND ORDER 0F SUSPENSION/McNeil J GM:rjh\C:\Documents and Settings\mhanson\Local Settings\Tcmporary Internet Files\OLK8A1A\GENG5496.DOC