'1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
3 OF THE STATE OF OREGON
4 In the Matter of the ) STIPULATION OF FACTS,
5 Licensure of ) ORDER OF SUSPENSION
6 DAVID VALENZUELA ) AND PROBATION
7
8 On April 19, 2004, the Teacher Standards and Practices Commission
9 (Commission) received a report from William M. Feusahrens, Superintendent, Eagle
1O Point School District alleging that David Valenzuela (Valenzuela) violated terms of a
11 Probation with the Commission by consuming alcohol.
12 After review of the matters alleged, Mr. Valenzuela and the Commission agree
13 that their respective interests, together with the public interest, are best served by a
14 stipulation to certain facts and the imposition of a ninety (90) day suspension of
Q Iicensure beginning June 1, 2004, through September 1, 2004, followed by a three (3)
16 year probation upon reinstatement of Licensure.
17 This Order sets forth the facts upon which the parties have agreed and the
18 sanction to be imposed. Mr. Valenzuela stipulates that there are sufficient facts
19 contained in the Commission's files and records to support the findings of fact and
20 conclusions of law set forth below. In entering into this stipulation, Mr. Valenzuela
21 waives the right to a hearing to contest the findings of fact, conclusions of law and order
22 set forth below.
23 This stipulation is contingent upon approval and adoption of the Order by the
24 Commission. If the Commission does not adopt this Order, neither Mr. Valenzuela nor
25 the Commission are bound by these Stipulations and Mr. Valenzuela retains all rights to
’ a hearing on the allegations.
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION-VALENZUALA .

'1 STIPULATION 0F FACTS

2 1. Mr. Valenzuela holds an Oregon Standard Teaching License valid
3 January 22, 2004, to September 22, 2009, with endorsements in Basic Physical
4 Education and Standard Health Education. Mr. Valenzuela also holds an Initial
5 Administrative License valid December 9, 2002, t0 September 22, 2006, with an
6 Administrator endorsement.
7 2. Mr. Valenzuela was employed by Eagle Point School District as a Vice
8 Principal of Eagle Point High School. He resigned effective May 31, 2004.
9 3. The Commission placed Mr. Valenzuela on a three year Probation for DUII
10 and Criminal Trespass Il convictions by Order adopted January 10, 2003. One of
11 conditions of probation in the Order required Mr. Valenzuela to abstain from the

i consumption of alcohol during the Probationary period.

Q 4. On August 5-7, 2003, while attending the Confederation of Oregon School
14 Administrators Conference held in Eugene, Oregon, Mr. Valenzuela consumed alcohol
15 during the evening in violation of his probation with the Commission.

16 5. On August 22, 2003, Mr. Valenzuela consumed alcohol at a party in the home
17 of Eagle Point High School staff members in violation of his probation with the
18 Commission.
19 6. On October 13 and 14, 2003, while attending the Hungerford Law Conference
20 held at the Clackamas ESD, Mr. Valenzuala consumed alcohol during the evening in
21 violation of his probation with the Commission.
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Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION-VALENZUALA

FROM :J. Brown/R. Thorbeck an no. 51335911576 J'u 1. as 22124 219127914 P2/2
Jul 02 o4 11:45; David Valenzuela 1-541-855-1043 P.1
. .
1 7. On November 1346, 2003. whlle attending the GANGS Conference held In
2 tas Vegas. Nevada, Mr. Valenzuela consumed alcohol in vintatlon cl his probation wlth
3 the CornmIasIon.
4 B. 0n May 31, 2004, Mr. Valenzuela voluntarly sought an addiction assessment
- 5 and is currently Involved In treatment at the Genesls Recovery Center.
6 SO STIPULATED:
, 7 235-2.»: [49% 7~1~zw4
B avid Valenzuela Data
9 .
10 ‘LU/T0
11 Victoria Ch Wain. Exewttve Director Date
12 Teacher Standards and Practices Commlsston
13 ooucwstous 0F LAW
' 14 By consuming alcohol Mr. Valenzuela repeatedly violated his probatlon with the
15 Commission in violation of OAR 5a4-020-0040t4)(k) . This mlaoonduot oonstittdls _
16 Gross Neglect of Duty. The Commission's authorlty to Impose disclpllne In this matter is
17 basad Upon 0R5 342.175.
18 I I I
19 Ill
20 l l/
‘ Page a STlPULATION or ers. onnsn or susPatSloN AND PHOBATION-VALENZUALA
Sd W992“ 17032 EB 'lhl.‘ wettescas: ‘m ma 49314041 ‘ii/“JET! FUEL‘!

.1 ORDER
2 David Valenzuela’s Standard Teaching License and Initial Administrative License
3 is suspended for a period of ninety (90) days beginning June 1, 2004, through
4 September 1, 2004.
5 Furthermore, upon reinstatement of licensure, the Commission imposes a three
6 (3) year probation, subject to the following terms and conditions:
7 1. Mr. Valenzuela shall at his own initiative and expense, continue to obtain
8 treatment for his alcohol dependency as recommended by his alcohol treatment
9 provider;
1O 2. During the period of this probation, Mr. Valenzuela shall comply with the terms
11 of the treatment and aftercare plans. Mr. Valenzuela shall abstain from the
‘ consumption of alcohol;
13 3. During the period of his probation, Mr. Valenzuela shall submit to the
14 Executive Director of the Commission reports of his compliance with the treatment plan.
15 Mr. Valenzuela shall provide these reports every six (6) months during his probation on
16 or before: March 1, 2005; September 1, 2005; March 1,, 2006; September 1, 2006;
17 March 1, 2007; and September 1, 2007.
18 4. Mr. Valenzuela shall report in writing within ten days to the Executive Director
19 of the Commission any arrest or citation for any felony, misdemeanor, majortratfic
20 violation or violation of criminal probation; and
21 5. Mr. Valenzuela shall comply with all Standards for Competent and Ethical
22 Performance under Oregon Administrative Rules Chapter 584, Division 020.
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Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION-VALENZUALA

.1 If Mr. Valenzuela does not comply with all terms and conditions of this
2 probation, based on the reports of his treatment provider or as otherwise determined by
3 the Executive Director, he shall be in violation of this probation. Violation of a term or
4 condition of this probation may constitute an independent basis for the Commission to
5 impose discipline, up to and including revocation of Mr. Valenzuela’s Iicensure subject
6 to Mr. Valenzuela‘s right to a hearing on the issue of whether he violated probation.
7 IT IS SO ORDERED this fiqpyday of July, 2004
8 TEACHER STANDARDS AND PRACTICES COMMISSION
9 z Z 9 g g2 E é ,.
10 By
11 Victoria Chambe ' , Executive Director
12 APPROVED AS TO FORM
I
15 m
16 Attomey for David Valenzuela 10623041
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Page s STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION-VALENZUALA