.1 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 REPRIMAND
5 James William Linman, Jr. ) AND PROBATION
6 On or about April 1, 2004, the Teacher Standards and Practices Commission
7 (Commission) received a report from Maureen Sloane, Human Resources Counsel, Portland
8 Public Schools indicating that James William Linman, Jr. (Linman) appeared in his classroom
9 while under the influence of alcohol.
1O After review of the matters alleged, Mr. Linman and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to certain
12 facts, the imposition of a Public Reprimand and a four (4) year probation. This Order sets forth
13 the facts upon which the parties have agreed and the sanction to be imposed. Mr. Linman
stipulates that there are sufficient facts contained in the Commission’s files and records t0
‘E; support the findings of fact and conclusions of law set forth below. In entering into this i
16 stipulation, Mr. Linman waives the right to a hearing to contest the findings of fact, conclusion 0f I
17 law and order set forth below. Mr. Linman understands that the probation will be subject to
l8 specific conditions.
19 STIPULATION OF FACTS
20 1. The Commission has licensed James William Linman, Jr. since August 23, 1982.
21 Mr. Linman currently holds a Standard Teaching License valid March 3, 2004, through
22 March 30, 2009, with a Standard Advanced Mathematics Endorsement.
23 2. Mr. Linman is employed by the Portland Public School District as a teacher at
24 Lincoln High School. He began his employment with the District in 1983 and has been at
25 Lincoln High School that entire time. All of his teaching evaluations have been positive.
3. Mr. Linman had one prior year 0f teaching in Oregon before coming to Portland
é Public Schools. Before that, he taught for seven years outside of Oregon. In his 29 years as an
Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — LINMAN

.1 educator, there are no prior complaints regarding Mr. Linman on file with the Commission, any
2 other state licensing agency, or any educational employer.
3 4. On March 11, 2004, Mr. Linman appeared in his classroom under the influence of
4 alcohol. On March 16, 2004 Mr. Linman entered into a Last Chance Agreement with the District
5 under which he agreed to obtain a chemical dependency assessment and cooperate with
6 recommended treatment.
7 5. On March 25, 2004, Mr. Linman sought an assessment for alcohol dependency
8 and enrolled in an intensive outpatient treatment program at Kaiser Permanente N.W., Sunset
9 Addiction Medicine Department, Portland, Oregon. He is progressing well in the program and is
1O predicted to complete it by August 1, 2004.
11 6. Mr. Linman recognizes that he has an alcohol dependency problem and has
12 agreed t0 a plan of treatment and aftercare as prescribed by his treatment provider.
James William Linman, Jr., enters into this Stipulation of Facts with the knowledge that
i the Teacher Standards and Practices Commission shall place him on probation for a period of
15 four (4) years. This Stipulation is contingent upon approval and adoption of the Order by the full
16 Commission. If the Commission does not adopt this Order, neither Mr. Linman nor the
17 Commission are bound by these stipulations and Mr. Linman retains the right to a hearing on t
18 the allegations.
19 lT IS SO STIPULATED:
20
21 M . 6 ‘ .2 5' O ‘I’
22 mes William Linman, Jr, . Date
23 / " \t ‘
/ / '
NW a [egg
25 Victoria C a berlai ', Executiv Director Date
26 Teacher Stan » and Practices Commission
' ///
Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — LINMAN

1 CONCLUSIONS 0F LAW
.2 James William Linman, Jr. violated OAR 584-020-0040(4)(g) by appearing in his

3 classroom on March 11, 2004, while under the influence of alcohol. This misconduct constitutes

4 Gross Neglect of Duty. The Commission’s authority t0 impose discipline in this matter is based

5 upon ORS 342.175.

6 ///

7 /// I

8 /// I
O
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Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — LINMAN

I ORDER
Q The Commission imposes a Public Reprimand on Mr. Linman. This Stipulation of Facts, I
3 Order and Probation constitutes the Reprimand. Furthermore, the Commission imposes a four I
4 (4) year probation upon Mr. Linman subject to the following conditions. I
5 The terms of probation are as follows:
6 1. Mr. Linman shall, at his own initiative and expense, continue to obtain treatment I
7 for his alcohol dependency as recommended by his alcohol treatment provider; I
8 2. During the period of his probation, Mr. Linman shall submit to the Executive
9 Director of the Commission reports of his compliance with the treatment plan. Mr. Linman shall
1O provide these reports every six (6) months during his probation;
11 3. Mr. Linman shall comply with all Standards for Competent and Ethical
12 Performance under Oregon Administrative Rules Chapter 584, Division 020.
3 lf Mr. Linman does not comply with his treatment plan based on the reports of his
Q treatment provider or as otherwise determined by the Executive Director he shall be in violation
15 of the terms of this probation. Violation of the terms of this probation may constitute an
16 independent basis for the Commission to impose discipline, up to and including revocation of
' 17 Mr. Linman’s teaching license subject to Mr. Linman’s right to a hearing on the issue 0f whether
18 he violated probation.
4b
19 IT IS SO ORDERED this XL day of July, 2004
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21
22 BMW;
23 Victoria Ch mberl 'n, Execu ' e Director
24 Approv orm:
25 5%
26 Elizabeth A. Joffe T
' Attorney for James William Linman, Jr. [062304]
Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — LINMAN