‘ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMIVIISSION I~ ‘5177371 2 OF THE STATEOFOREGON Fin-LU w L") 3 In the Matter of the DEC 1 8 200“ ,_ Reinstatement of the §actiw ‘ff’ iii?“ 4 Teaching License of STIPULATION OF FACTS, RmTWYMNr-r ' "r " ORDER AND PROBATION 5 RICHARD ELWOOD LANCE 6 7 On or about December 4, 1998 the Teacher Standards and Practices Commission 8 (Commission) by order, revoked the license of Richard E. Lance (Lance), The order provided 9 for Lance’s possible reinstatement pursuant to law, specified terms of probation and general 10 terms relating to competent and ethical educators, 11 FINDlNGS OF FACT ‘ 12 1, On or about April 9, 2000 Lance requested reinstatement of his license. 13 2. Pursuant to OAR 584-050-0015(4) Lance has supported his application for 14 reinstatement by personal affidavit, 15 3, Pursuant to OAR 584-050-0015(4) the Executive Director brought the . 16 reinstatement request to the Discipline Committee (Committee) for review and discussion. 17 4. Lance addressed the Committee in Executive session on November 16, 2000 and 18 responded to questions of commissioners. 19 5, In order to address concerns of the committee, Lance agreed that a period of four 20 years probation and mandatory drug testing at the discretion of a public employer would be 21 appropriate additions to other terms of probation previously imposed by the Commission in the 22 December 1998 order. 23 /// Page 1 — STIPULATION OF FACTS, REINSTATEMENT ORDER AND PROBATION i GMC/ljh/GEN68287 Department of Justice ‘ l 162 Court Street NE 1 Salem, OR 97301-4096 1 (503) 3784003 . l 6. On the basis of the information known to it, and the proposed tenns of probation 2 the Committee recommended Lance be reinstated, subject to the terms above. 3 IT IS SO STIPULATED 4 ' p?‘ . teal. .1 \ima. 12 ~15~©11 5 Richard Elwoo ance Date 6 2 f: Ii ,0 i“, f f Q Z l/V‘ /Q/ L} 00 7 David V. Myton " Date Executive Director 8 9 DISCUSSION 10 Although an individual is legally eligible for reinstatement of a revoked license afier one 11 year, the burden of establishing fitness and suitability for reinstatement afier such a short period . 12 of time is a daunting task‘ In the surrender and revocation order of December 4, 1998, the 13 Commission expressed its opinion that Lance had demonstrated model behavior afler his arrest 14 and plea to unlawful possession of controlled substances. Lance has now complied with his 15 criminal diversion and the criminal charges were dismissed in late 1999, 16 The Commission is persuaded that Lance has continued to address his dependency 17 problems and will continue to do so for both his personal health and to further his chances of one l8 day returning to teaching. However, in light of the gravity of the offense and in order to better 19 insure that Lance will adhere to Commission expectations, a lengthy and encompassing 20 probation will be imposed. 21 /// 22 /// ' 23 /// Page 2 - STIPULATION OF FACTS, REINSTATEMENT ORDER AND PROBATION GMC/ljh/GEN63287 Department of Justice 1162 Court Street NE Salem, OR 973014096 (503) 3784003 i 1 ' l ORDER 2 The Commission adopts the above Findings of Fact and reinstates Lance’s license subject 3 to all standard terms and conditions and subject to the following special terms of probation: 4 1. Lance will be on probation for four (4) years from the date of his reinstatement 5 subject to the terms described below. 6 2. Lance shall comply with court ordered terms, if any. 7 3. Lance shall comply with any treatment plan of his health providers and will 8 provide the Executive Director with copies of the plan and a release for the purpose of verifying 9 Lance’s compliance. 10 4. Lance shall comply with the standards for ethical and competent performance of 11 Oregon educators. . 12 5. Lance shall comply with all laws and report to the Executive Director any arrests, 13 diversions, civil compromises, or pleas within ten days of occurrence. 14 6. Lance shall report to the Executive Director within ten days any employer 15 investigations of possible misconduct or any discipline received from any public school 16 employer that is reportable to the Commission. l7 7. Lance shall comply with any drug test request if made by a public employer of 18 licensed teachers for random, periodic or cause based drug testing and will report to the 19 Commission any positive test results. 20 8. Promptly afier the full term of probation is completed, Lance shall provide 21 pursuant to OAR 584-050-0015(2), a personal affidavit, together with requisite and additional 22 documentation, sufficient to establish convincingly that all terms and conditions of probation . 23 have been met and successfully fiilfilled. Page 3 - STIPULATION OF FACTS, REINSTATEMENT ORDER AND PROBATION GMC/tjh/GEN68287 51232335082121]: S“‘"<‘;£§3$Zi%3§‘°% ‘ t i ’ 1 9. Violation of the terms of this probation shall constitute independent basis for the 2 Commission to impose disciplinary sanctions up to and including revocation afier first giving 3 Lance notice and opportunity for hearin . Si‘ w mi'l'v 4 DATED this&1_ day 0mm 2000. 5 TEACHER STANDARDS AND PRACTICES COMIVIISSION 6 By: 1Q? A i i/{lw'gi 7 David V. Myton, Executive i ector 8 9 10 I I . 12 13 14 1 5 16 I7 I8 19 20 21 22 ' 23 i Page 4 - STIPULATION OF FACTS, REINSTATEMENT ORDER AND PROBATION i GMC/tjh/GEN68287 [13:22:23 55:25:16]: . s““1‘;e‘§§§3;1%354°%