I 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON 2 3 In the Matter of the Teaching License of: STIPULATION OF FACTS, 4 SURRENDER OF LICENSE AND RICHARD ELWOOD LANCE REVOCATION ORDER 5 6 7 On or about July 15, 1998 the Teacher Standards and Practices Commission 8 (Commission) issued a Notice of Opportunity for hearing to Richard Elwood Lance (Lance) in 9 which the Commission proposed to suspend or revoke his Oregon teaching license or to impose 10 other discipline under ORS 342.177. The basis for the proposed action was Lance’s alleged 11 misconduct including possession and use of a controlled substance at school. 12 The Commission and Lance have now reviewed the matters alleged and have agreed that l3 their respective interests, together with the public interest, are best served by entering an Order 14 of Surrender of License and Revocation of License based upon the following Stipulation of 15 Facts. In entering this Stipulation, Lance waives his right to a hearing. This agreement sets forth l6 the facts upon which the parties have agreed including the Commission’s Order of Surrender and 17 Revocation of Lance’s teaching license. 18 FINDINGS OF FACT 19 1. Lance was employed as a music teacher at Rainer School District from 1974 to 20 February l3, 1996. 21 2. On January 10, 1996, Lance was found using cocaine in the Rainier High School 22 Auditorium, He was also in possession of additional cocaine and morphine, a controlled 23 substance. l‘ s ‘ Page l - STIPULATION OF FACTS, SURRENDER OF LICENSE AND REVOCATION ORDER GMCItj h\GEN03605 Department of Justice 1162 Cour! Street NE Salem, OR 97310 (503) 372-6003 ~ 1 . 1 3. On January 16, 1996, Lance was indicted on felony drug charges. 2 4. On February 13, 1996, Lance resigned. 3 5. Immediately after his arrest, Lance entered and successfully completed an 4 in-patient treatment program followed by an eight month out patient program for drug addiction. 5 He continues to attend Alcoholics and Narcotics Anonymous meetings and his spouse attends 6 AL-AN ON meetings. In addition Lance has engaged in extensive counseling with a 7 psychologist and received medical support by a psychiatrist. He has exhibited exemplary 8 behavior in his treatment and recovery process. 9 6. On April 22, 1998, Lance pled no contest to possession of morphine and cocaine. 10 Lance entered a two-year diversion agreement on April 22, 1998. Lance has been compliant 11 with his Diversion. If the diversion is successfully completed, the criminal charges will be 12 dismissed and Lance will be eligible to have records in the case sealed pursuant to ORS 137.225. ‘ 13 7. Lance recognizes the egregiousness of his conduct and surrenders his license on 14 the basis of the above facts and agrees to the revocation of his license. 15 Lance enters into this Stipulation of Facts with knowledge that the Commission will 16 revoke his license and place him on two years probation. This Stipulation is contingent upon 17 approval and adoption of the Order by the Commission. If the Commission does not adopt this 18 Order, neither Lance nor the Commission are bound by these stipulations and Lance retains all 19 rights to a hearing on the allegations. 20 CONCLUSIONS 0F LAW 21 Lance’s actions set forth above constitute a violation of OAR 584-020-0040(4) and (5)4 22 /// 23 /// ' Page 2 - STIPULATION OF FACTS, SURRENDER OF LICENSE AND REVOCATION ORDER GMC:tjh\GEN03605 Department ofJusticc 1162 Court sum NE Stanza“ . 1 IT IS SO STIPULATED 2 I'\ 3 _ "Tab 12' l '- <1 r Richard Elwood Lance Date 4 5 a c \L/ M #1 ‘MW 6 David V. Myton Date Teacher Standards and Practices Commission 7 8 DISCUSSION 9 Ordinarily, misconduct as set forth in the stipulations above, would not result in favorable 10 consideration of license reinstatement after one year. However, in this instance more than 11 2 V2 years has passed since Lance’s resignation and he has demonstrated model behavior over . 12 this time. An additional year of appropriate behavior demonstrates good cause to permit 13 reinstatement‘ ' 14 ORDER 15 The Commission adopts the above Findings of Fact, accepts the surrender of Lance’s 16 license and revokes his license. Pursuant to ORS 342.175(3) Lance may apply to the 17 Commission for reinstatement of his license after one-year from the date of revocation‘ 18 Upon application and after the one-year period of revocation the Commission will 19 reinstate Lance’s license if he remains compliant with his Diversion, has not during the term of 20 his revocation violated standards relating to competent and ethical educators as contained in law 21 and OAR 584 Division 20, and otherwise meets standard terms for licensure. 22 Lance will be on probation for two years from the date of his reinstatement subject to the 23 following terms: Page 3 - STIPULATION OF FACTS, SURRENDER OF LICENSE AND REVOCATION ORDER GMCItjh\GENO3 605 Department of Justice 1162 Court Street NE Salem, OR 97310 (503)3784003 . 1 1. Lance shall comply with court ordered terms, if any. 2 2. Lance shall comply with any treatment plan of his health providers and will 3 provide the Executive Director with copies of the plan and a release for the purpose of verifying 4 Lance’s compliance. 5 3. Lance shall comply with the standards for ethical and competent performance of 6 Oregon educators. 7 4. Lance shall comply with all laws and report to the Executive Director any arrests, 8 diversions, civil compromises, or pleas within ten days of occurrence. 9 5. Lance shall report to the Executive Director within ten days any employer 10 investigations of possible misconduct or any discipline received from any public school 11 employer that is reportable to the Commission. . 12 6. Violation of the terms of this probation shall constitute independent basis for the l3 Commission to impose other disciplinary sanctions upon Lance after first giving notice and 14 opportunity for hearing. 15 DATED this Z day of g Q! {g 1998. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 A) ‘ my By; M 18 David V1 Myton, Executive Director Approved as to Form: 19 20 a‘ ' 1.; !I""'4 .2!“ __ I I r 2 3 , fi Z Elizabemffe e- ' Date 21 Attorney for Lance 22 /' > .7 . \iiag}%h 614% //' M’ 75 23 Gary Ct Cordy . Date . Attorney for TSPC Page 4 - STIPULATION OF FACTS, SURRENDER OF LICENSE AND REVOCATION ORDER GMC:tjh\GEN03605 Department ofJustice 1162 Court Street NE Salem, OR 97310 (503) 378-6003