1‘ 1 BEFORE THE 2 TEACHER STANDARDS AND PRACTICES COMMISSION ’ 3 STATE OF OREGON 4 5 6 In the Matter of the j 7 Teaching License of j ORDER OF DENIAL 8 ANGELO JAMES HONJAS } 9 1 10 ll 12 FINAL ORDER I3 14 By resolution dated September 16-17, 1999, the Teacher Standards and 15 Practices Commission adopts the attached proposed order to uphold the 16 Executive Director's denial of Angelo James Honjas‘ application for 17 reinstatement of his revoked Teaching License. l8 19 DATED THIS 270 fl/ day of September, 1999. 20 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 23 t 24 ( 25 By . ' ' 26 David V. Myton, xecutive Director 27 28 NOTICE: YOU ARE ENTITLED TO A JUDICIAL REVIEW OF THIS ORDER. 29 JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW 30 WITHIN 60 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW 31 IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE OREGON 32 COURT OF APPEALS. 33 34 - 1 O p 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . 2 OF THE STATE OF OREGON 3 In the Matter of the Application for Reinstatement 4 Of the Teaching License of PROPOSED ORDER 5 ANGELO JAMES HONJAS 6 7 On July l9, 1999, at 1:30 p.m., the Teacher Standards and Practices Commission 8 (Commission) held a hearing concerning the application for reinstatement of the Oregon 9 Teaching License of Angelo James Honjas. The hearing was held before a panel of 1 10 Commissioners consisting of Paul Meyer, Manuel Mateo and Sue Wetzel. Mr. Meyer served as . ll Chair of the panel. The hearing was conducted as a contested case matter and was tape-recorded. ~,. 12 Mr. Honjas appeared personally and without counsel. The Commission was represented by Joe . 13 Gordon McKeever, Assistant Attorney General. 14 Mr Honjas testified on his own behalf The Commission called the following witnesses: 15 Deborah Greene and Public Safety Officer Kerry Riddle. Mr. Honjas offered the following 16 exhibits into evidence which were received without objection: 17 Resume of Angelo Honjas 6/28/99, Rehearsal Notice from George Reinmiller l 8 19 The Commission offered the following exhibits into evidence which were received 20 without objection: 21 01/19/91 Police report, Portland Police Bureau 03/27/91 Judgment Order, Multnomah Criminal Court ~ 22 03/06/91 Application for Renewal of Teaching Certificate 07/31/91 Stipulation of Facts and Order of Probation . x 23 01/31/91 Custody Report, Portland Police Bureau . Page 1 - PROPOSED ORDER i J GM:tjhtros\G:\ROS\TAPWIP\GEN26833 .DOC Depamnem of Justice l 162 Court Street NE Salem, OR 97310 , (5093786003 . 1 04/07/93 Final Order granting probation 09/ 18/93 Custody report, Portland Police Bureau 2 02/25/94 Order of conviction, Multnomah Circuit Court 07/ 14/93 Psychological report of Kevin McGovern, Ph.D. 3 Undated Letter from Mr. Honjas, received by TSPC on 9/30/93 02/03/94 Stipulation, surrender of License and Order 4 04/25/94 Police report, The Dalles Police Department 08/03/94 Judgment of Conviction, driving while suspended, Wasco Circuit Court 5 04/ 16/99 Amended Order Declaring Felony to be Misdemeanor, Wasco Circuit Court 6 10/28/94 Multnomah County Judgment Order 05/03/94 Custody Report, Lake Oswego Police Department 7 10/04/94 Judgment of Conviction, driving while suspended, Clackamas County Circuit Court 8 07/21/94 Traffic accident report and custody report, Portland Police Bureau 10/28/ 94 Judgment of Conviction and Case Register, Multnomah Circuit Court, 9 failure to perform duties of a driver 10/28/94 Judgment of Conviction, DUII, Multnomah Circuit Court 10 08/03/95 Violation Report, Clackamas County Community Corrections 06/21/93 Letter from Karen Gruetter, CareMark Chemical Dependency Treatment 1 1 Program 12/08/93 Letter from Karen Gruetter, CareMark Chemical Dependency Treatment 12 Program . 11/06/95 Police report, Lake Oswego Police Department 13 08/01/95 Department of Veterans Affairs report 05/07/96 Certificate of Recognition, Chemical Addiction Rehabilitation Section 14 01/ 15/97 Lake Oswego Police Report 09/29/93 Letter from David V. Myton 15 02/28/ 96 Custody report, Portland Police Bureau 01/20/99 Application for License Authorizing Public School Service Form C-l l6 02/28/96 Report, PSU Public Safety, Letter from Mr. Honjas 17 Mr. Honjas initially objected to the Commission receiving testimony from Deborah 18 Greene on the ground that Ms. Greene had not been identified as a witness at least ten days prior 19 to the hearing in compliance with OAR 584-019-0025. The panel heard the testimony of 20 Ms, Greene and at the end of the hearing gave Mr. Honjas the opportunity to request a 21 continuance in order present evidence in response to Ms. Greene’ s testimony. Mr, Honjas did 22 not request a continuance and elected to waive his right to object to Ms. Greene’s testimony ‘ 23 based on lack of notice under OAR 584-019-0025. Page 2 - PROPOSED ORDER J GMIIjh:ros\G:\ROS\TAPWIP\GEN26833 .DOC Department ofJustice I 1162 Court Street NE Salem, OR 97310 (503) 378-6003 ' 1 FINDINGS 0F FACT 2 l. Mr. Honjas held an Oregon Teaching License from 1986 until February 3, 1994. 3 He was employed as a teacher with the Portland School District from 1986 through the 1992-93 4 school year. 5 2. On July 31, 1991, the Commission entered an order finding that Mr. Honjas had 6 violated Commission standards by being convicted of driving under the influence of intoxicants 7 and by making a false statement on his application for renewal of his teaching certificate when 8 he failed to acknowledge his conviction for driving under the influence. The Commission placed 9 Mr. Honjas on probation for a period of one year subject to the condition that he conduct himself 10 as a law-abiding citizen. 11 3. In 1992, the Commission received another complaint concerning Honjas, and held ’ 12 a hearing on March 19, 1993. On April 7, 1993, the Commission entered an order containing 13 findings of fact that Mr. Honj as had been engaged in sexually inappropriate activity in a public 14 park and in an adult bookstore. A copy of the Commission’s findings of fact in that order are 15 attached to this order as Exhibit “A” and incorporated by reference herein. l6 The Commission again placed Mr. Honjas on probation subject to a number of strict l7 conditions, including treatment for his alcoholism. In placing Honjas on probation, the l8 Commission stated: l9 A mitigating factor is that Honjas’ acts 0f driving under influence of intoxicants, his behavior in the adult bookstore and his behavior in the 20 park occurred while Honjas was under the influence of alcohol, and that alcohol was apparently a contributing factor to his conduct. Thus, if 21 Honjas ceases his drinking behavior, there is reason to believe that his inappropriate behavior will not recur. A second mitigating factor is that 22 Honjas has received good evaluations as a teaching and appears to have done a good job with students participating in music programs at Harriett ' 23 Tubman Middle School. Page 3 - PROPOSED ORDER JGM:tjh:ros\G:\ROS\TAPWIP\GEN26833.DOC DepartmentofJustive l 162 Court Street NE Salem, OR 97310 (503) 378-6003 . 1 Revocation could bejustifled in this case, but the panel concludes that Honjas should be given one last chance to conform his behav1or to 2 Commission standards and to overcome his alcoholism. 3 4. Within six months of the 1993 Order of Probation, Mr. Honjas consumed alcohol, 4 was arrested and subsequently convicted on February 25, 1994, for driving under the influence of 5 intoxicants. As a result, he surrendered his Oregon Teaching License, and the Commission 6 accepted the surrender and revoked the license on February 3, 1994. ' 7 5. Since his conviction on February 25, 1994, Mr. Honjas has been convicted of the 8 following additional offenses: 9 a. Driving while suspended, Wasco Circuit Court, August 3, 1994. 10 b. Hit and run, Multnomah County Circuit Court, October 28, 1994. 11 c, Driving under the influence, Multnomah Circuit Court, October 28, 1994. ' 12 d. Driving while suspended, Clackamas County Circuit Court, October 4, 1994. 13 6. Mr. Honjas participated in an alcohol and drug treatment program through 14 CareMark Chemical Dependency Treatment Program in 1993. In December 1993, Mr. Honjas 15 was terminated from the CareMark Program due to his failure to attend required meetings, In 16 1995, Mr. Honjas enrolled in a drug and alcohol treatment program with the Department of 17 Veterans Affairs. Mr. Honjas was suspended from the program in August 1995, based on his 18 failure to attend required outpatient group meetings. In 1996, he re-enrolled in the Veterans 19 treatment program and received a certificate of completion from the program on May 7, 1996. 20 Since May 7, 1996, Mr Honjas has resumed his drinking and has not maintained sobriety. 21 /// 22 /// ‘ 23 /// Page 4 - PROPOSED ORDER JGMItj h:ros\G:\ROS\TAPW'[P\GEN2683 3 .DOC Department of Justice 1162 Court Street NE 82$‘; $382335” . 1 7. On February 28, 1996, Mr. Honjas was confronted by a Campus Security Officer 2 in a restroom at Portland State University. On that occasion, Mr. Honjas smelled strongly of 3 alcohol and was found to have a mostly empty bottle of vodka in his pack. Mr. Honjas testified 4 that he found the bottle of vodka in the restroom and that he took only one swallow out of the 5 bottle because he was taking Antabuse at the time. He further testified that he put the bottle into 6 his pack in order to give it to a friend. Mr. Honjas’ explanation is not credible, and the panel 7 finds that he had been drinking alcohol on this occasion. 8 8. On January 15, 1997, Mr. Honjas appeared at his daughter’s daycare center while 9 under the influence of intoxicants. Daycare officials called the police because they were worried 10 that Mr. Honjas was too intoxicated to take custody of his child. 11 9. Deborah Greene testified that Mr. Honj as lived with her from 1992 until May . 12 1997. She testified that Mr. Honjas continued to consume alcohol, often to excess, during the 13 period he lived in Ms. Greene’s household. The panel finds Ms. Greene’s testimony to be 14 credible and makes a finding that Mr. Honjas continued to consume alcohol until at least through 15 the period of May 1997. 16 10. Mr. Honjas testified that he is now sober and has not consumed alcohol since July 17 1997, except for one occasion when he took a sip of champagne at a wedding. He stated that 18 Alcoholics Anonymous had been ineffective for him and that he disagreed with many of the 19 principles of Alcoholics Anonymous. He further testified that he attended another organization 20 with whose philosophy he agreed, however, that organization is no longer active. MI. Honjas is 21 not currrently participating in any established alcohol treatment program. He presented no 22 independent verification of his claimed sobriety. . 23 /// Page 5 - PROPOSED ORDER JGMztjh:ros\G:\ROS\TAPWIP\GEN2683 3 .DOC Department of Justice 1162 Court Street NE 523352322331" . 1 11. Mr. Honjas has been only sporadically employed since his teaching license was 2 revoked. He did not present persuasive evidence that he has established an independent 3 employment pattern or a stable lifestyle. 4 CONCLUSION OF LAW 5 Mr. Honj as has the burden of proof to show that he has good moral character and is fit to 6 hold an Oregon Teaching License. ORS 342.143 and OAR 584-050-006. Mr. Honjas has failed, 7 by a substantial degree, to demonstrate fitness to have his teaching license reinstated. 8 Mr. Honjas did not present satisfactory evidence of sustained and successful participation in an 9 alcohol treatment program. He did not present witnesses to verify his claimed sobriety. He has 10 continued to have run-ins with the police while in an intoxicated state. His testimony concerning 11 his recent progress and stability was contradictory and not credible. ' 12 In a recent order, the Commission stated that an educator seeking reinstatement has the 13 burden to show good moral character and sufficient rehabilitation to assure that there will be no 14 reoccurrence of unprofessional conduct. In the Matter 0f the Teaching License of Robert 15 Phillip Carwithen May 19, 1999). Mr. Honjas’ evidence falls short of meeting that burden. 16 PROPOSED ORDER 17 The application for reinstatement of the teaching license of Angelo James Honj as is 18 hereby denied. a» ” 19 DATED this day of September 1999. 2O TE HER STANDARDS AND PRACTICES COMMISSION 21 Mn . r 22 David V. Myton ' o 23 Page 6 - PROPOSED ORDER J GMztj 11: ros\G:\ROS\TAPW1P\GEN26833 .DOC Department of Justice l 162 Court Street NE Salem, on 97310 (503)3784003 . _ .1 .) ' 1 TSPC Exhibit l — Stipulation of Facts and Order of . ' Probation, dated July 31, 1991. 2 TSPC Exhibit 2 - Portland Police Report, dated 3 December 2, 1992. 4 TSPC Exhibit 3 — Portland Police Report, dated January 31, 1991. ' 5 TSPC Exhibit 5 — Copy of ORS 163.465 defining "Public 6 Indecency." 7 Honjas Exhibit 6 — Teacher Evaluation Porm, dated May 9, 1992. 8 EVIDENIIARY RULINGS 9 l. Ms. Diamond objected to Mr. McKeever asking Honjas what he thought 10 the effect would be if the school community becomes generally aware 11 of Honjas‘ actions that caused his arrest in Laurelhurst Park, on 12 the ground that the question called for a conclusion. The panel 13 concludes that the qiestion sought information about which Honjas ' 14 may have knowledge, and the objection was overruled. 15 2. Ms. Diamond objected on the ground of hearsay to the question and 16 answer of Mr. Coakley concerning complaints about Mr. Honjas that 17 were received by Mr. Coakley from his vice principal. The testimony 18 of Mr. Coakley was reliable and is not inadmissible simply because ' 19 it may contain hearsay statements. The objection is overruled. 20 FINDIDGS OE‘ FACT 21 l. Honjas holds an Oregon basic teaching license with an endorsement in i 22 music. He has been employed with the Portland School District since 23 1986, and is currently teaching at the Harriet Tubman Middle School. 24 2. On July 22, 1991, Honjas entered into a stipulation of facts with 25 the Commission in which he admitted that he had been found guilty 0f . 26 the crime of driving under the influence of intoxicants and that he Pa“ 2 - PROPOSED ORDER cnns'rruc Pnonacrrou (HONJASVDVM-zJGMwm/BOZEQ EXPHBITAWAGEmF 4) 4 ' Q‘ 1 1 > . .1 had knowingly made a false statement in his application for a 2 teaching certificate by denying that he had ever been arrested for a 3 major traffic offense that was pending in a court or that he had 4 ever been convicted of a major traffic offense. Based on this 5 stipulation, the Commission ordered Honjas to be placed on probation 6 for a period of one year. 7 3. On DeCember 2, 1992, Portland Police Officer Sinnott was on walking 8 patrol in Laurelhurst Park, located in Portland, Oregon. The police 9 department had received numerous complaints from neighbors in the 10 area about persons engaging in sexual activities in public areas of 11 the park. Officer Sinnott observed Honjas engaged in oral sex with 12 another man while in the bushes located approximately five feet from 13 a walking path. ' ‘4 4. Officer Sinnott stopped Honjas and observed that Honjas smelled of 15 alcohol and was extremely intoxicated. Officer Sinnott took Honjas 16 into custody and transported Honjas to a detoxification area where 17 Honjas spent the night. 18 5. On January 31, 1991, Honjas was apprehended by Sergeant Bennett of 19 the Portland Police Department inside an adult bookstore located at 20 628 East Burnside, Portland. Sergeant Bennett was walking down a 21 corridor of video booths inside the bookstore when he viewed 22 Honjas sitting in one of the booths with the door open. Honjas‘ 23 penis was exposed and he was masturbating in the plain view of 24 Sergeant Bennett. sergeant Bennett placed Honjas under arrest and 25 took Honjas into custody. Honjas was verbally abusive to the .,v 26 officer and was very intoxicated. Page 3 - PROPOSED ORDER GRANTING PROBATION (HONJA81/DVM:JGM:cr0/8OZ69 EXHIBITA(PAGE2 OF 4) . ' _ m1 1 , i .1 6. Honjas has received favorable evaluationsfrom his supervisor at 2 ‘Harriet Tubman Middle School. Honjas has started extracurricular 3 band and other music programs at the middle school which Honjas‘ 4 supervisor described as "above and beyond the call of duty.‘ While 5 there was some testimony that Honjas‘ principal had received 6 complaints, these complaints were not documented in Honjas‘ 7 personnel file, and the panel does not consider this testimony to be 3 significant. 9 7. Abby Seemann and Ural Thompson are parents in the district. They 10 testified that Honjas has been an'excellent music teacher and that 11 he relates well to middle school children. Both parents stated they 12 had not observed Honjas act inappropriately towards students and 13 they they had no concerns about Honjas working with middle school . 14 age students. 15 8. Teachers Deborah Greene and Patrick Ross testified that Honjas has 16 been a good music teacher and that he relates well to students. 17 9. Honjas testified that he is an alcoholic. Diana Counce is employed 18 by the school district to work with students that have alcohol and 19 drug problems. Ms. counce is in the Masters Program at Portland 20 State University and is working towards her certification for 21 alcohol treatment. Ms. Counce testified that she believes Honjas is 22 an alcoholic. Ms. Counce reconmended that Honjas undergo a 23 residential alcohol treatment program. Ms. counce gave the opinion Z4 that Honjas‘ prognosis ‘for recovering from his alcoholism is good. ls 10. The panel concludes that Honjas‘ alcoholism was a contributing . 26 factor to his inappropriate conduct. . Page 4 - PROPOSED ORDER GRANTING PROBATION (HONJAS)/DVM:JGM:cro/80269 EXHIBITAGAGE3OF4) .Y k . . r I _ i .1 ll. Edward Schmitt, Personnel Director for Portland Public schools, _ Z testified that Honjas‘ activities in Laurelhurst Park and in the i 3 adult bookstore rendered him unfit to be a teacher in the Portland 4 Public School District. Mr. Schmitt testified that this conclusion 5 is not changed by the fact that Honjas’ activities occurred when he 6 was off duty as a teacher nor even if he assumes that Honjas has 7 been an exemplary teacher. 3 12. Honjas disclosed prior to the hearing his activities in Laurelhurst 9 Park and the adult bookstore to witnesses Greene, Thompson, Seemann 10 and Ross. i 11 l3. There is no persuasive evidence that Honjas‘ alcoholism or drinking 12 habits have affected his on-the-job responsibilities. I . ‘3 l4. The school district became aware in early January 1993, of police ‘4 reports describing Honjas‘ behavior in Laurelhurst Park. AS of the 15 date of the hearing, the district had taken no disciplinary action 16 against Honjas. I ‘7 1 ULTIMATE FINDING OE‘ FACT _ 18 On December 2, 1992, Honjas engaged in sexual conduct with another 19 person consisting of contact between Honjas‘ mouth and the penis of 20 another person while in a public place, laurelhurst Park, located in 21 Portland, Oregon. - . 22 CONCLUSIONS OE‘ LAW 23 l. Gross unfitness is any conduct which renders an educator unqualified 24 t0 perform his or her professional responsibilities, including ‘ 75 conduct occurring outside of school hours and off school premises ' 26 when such conduct bears a demonstrable relationship to the Fag‘ 5 - PROPOSED ORDER cmnwc PROBATION (HObUAS)/DVM:JGM:cro/8026g EXHIBITA(PAGE4OF4)