1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
‘ OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Teaching License of ) ORDER OF REPRIMAND AND
5 LARRY ADAM MILLER ) PROBATION
6 On September 10, 2005, the Teacher Standards and Practices Commission
7 (Commission) received an application for renewal of an Initial Teaching License from Larry
8 Adam Miller (Miller). Mr. Miller responded affirmatively to character questions 3, 8 and 10. Mr.
9 Miller provided an explanation and enclosed documents indicating that he had been convicted
1O of Driving Under the Influence of lntoxicants (DUII) 0n July 6, 2005.
1 1 Mr. Miller fully cooperated with the Commission’s investigation. After review of the
12 matters alleged, Mr. Miller and the Commission agree that their respective interests, together
13 with the public interest, are best served by a stipulation to certain facts, the imposition of a
14 reprimand followed by a three (3) year period of probation. This Order sets forth the facts upon
. which the parties have agreed and the sanction to be imposed. Mr. Miller stipulates that there
16 are sufficient facts contained in the Commission’s files and records to support the findings of
17 fact and conclusions of law set forth below. In entering into this stipulation, Mr. Miller waives the
18 right to a hearing to contest the findings of fact, conclusion of law and order set forth below. Mr.
19 Miller understands that the probation will be subject to specific terms and conditions.
20 STIPULATION 0F FACTS
21 1. The Commission has licensed Larry Adam Miller since October 26, 1999. Mr. Miller
22 currently holds an Initial Teaching License issued November 4, 2005, valid until November 3,
23 2009. ‘2' i J, i '1 I’
24 2. Mr. Miller served as a licensed teacher for the Jefferson School District from August
25 28, 2000, until his resignation effective the end of the 2004 school year. Mr. Miller completed
26 his teaching contract with the Jefferson School District and received a positive letter of
.7 reference from his principal,
Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MILLER

1 3. Mr. Miller Began employment with the Coos Bay School District on August 8, 2005,
‘2 and is currently serving as a licensed teacher in an alternative education program. Mr. Miller
3 received a positive teaching evaluation from his principal and the Commission received a letter
4 from his principal supporting license renewal.
5 4. On November 18, 1999, Mr. Miller pied guilty and was convicted of Criminal
6 Trespass (reduced to a violation) in Benton County Circuit Court. Mr. Miller was under the
7 influence of alcohol during the trespass on Halloween night in 1999, dressed in a bat costume.
8 Mr. Miller accepted full responsibility for his actions.
9 5. On September 29, 2000, Mr. Miller was arrested for DUII near Woodburn, Oregon.
1O Mr. Miller completed a Diversion program on January 16, 2002, and the charge of DUII was
11 dismissed in Benton County Circuit Court.
12 6. On October 18, 2002, Mr. Miller was convicted of Theft ll in Benton County Circuit
13 Court. This incident stemmed the removal of a neighbor’s bicycle from her property without
. permission. Mr. Miller recognizes that his action was a mistake in judgment.
15 7. Mr. Miller reported all of the incidents described in sections 4-6 above to the
16 Commission at the time of Mr. Miller’s application for an Initial Teaching License three years
17 ago. The Commission did not discipline Mr. Miller for these actions. The Commission warned
18 Mr. Miller that any additional alcohol related misconduct would result in discipline.
19 8. On July 6, 2005, Mr. Miller pied guilty and was convicted of misdemeanor crimes of
20 DUII and Reckless Driving in Marion County Circuit Court.
21 9. On February 27, 2006, Mr. Miller completed an out-patient alcohol treatment program
22 with Serenity Lane in Coos Bay.
23 10. Mr. Miller recognizes that he has an alcohol dependency problem and has agreed
24 to a plan of treatment and aftercare as prescribed by his treatment provider.
25 Mr. Miller enters into this Stipulation of Facts with the knowledge that the Commission
‘ shall place him on probation for a period of three (3) years. This Stipulation is contingent upon
Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MILLER

1 approval and adoption of the Order by the full Commission. If the Commission does not adopt
'2 this Order, neither Mr. Miller nor the Commission are bound by these stipulations and Mr. Miller

3 retains the right to a hearing on the allegations.

4 IT I? SO STIPULATED: \

5 . ‘- r glee .\\‘ 5 i g i b

6 WV": a nill- Date

8 Victoria Cerain, Executive Director Date

9 Teacher Standards and Practices Commission
1O CONCLUSIONS 0F LAW
11 Larry Adam Miller’s criminal convictions and criminal conduct constitute Gross Unfitness
12 as defined in OAR 584-020-0040(5)(c) and OAR 584-020-0040(5)(e). The Commission's
13 authority to impose discipline in this matter is based upon ORS 342.175.
14 ORDER

5 The Commission hereby adopts the above stipulation of facts imposes a Public

‘6 Reprimand upon Mr. Miller. The Stipulation of Facts, Order and subsequent Probation
17 constitute the Reprimand.
18 Furthermore, the Commission imposes a three (3) year probation upon Mr. Miller to
19 commence the date of adoption of this order and subject to the following terms and conditions of
20 probation:
21 1. Mr. Miller shall, at his own initiative and expense, continue to obtain treatment for his
22 alcohol dependency as recommended by his alcohol treatment provider and abstain from the
23 consumption of alcohol.
24 2. During the period of this probation, Mr. Miller shall submit to the Executive Director of
25 the Commission reports of his compliance with the aftercare treatment plan and the terms of this
26 order. Mr. Miller shall provide these reports every six (6) months during his probation, on or
O
Page 3 — STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION ~ MILLER

1 before: November 12, 2006, May 12, 2007, November 12, 2007, May 12, 2008, November 12,
.2 2008, and May 12, 2009;
3 3. Mr. Miller shall report in writing within ten days to the Executive Director of the
4 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or I
5 violation of criminal probation; and
6 4. Mr. Miller shall comply with the Standards for Competent and Ethical Performance of
7 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
8 Violation of any term or condition of probation shall constitute an independent basis for
9 the Commission to revoke Mr. Miller’s teaching license or otherwise impose discipline, after first
1O providing Mr. Miller with notice and opportunity for hearing.
11 IT IS SO ORDERED this /t—§_ day of May, 2006.
12 TEACHER STANDARDS AND PRACTICES COMMISSION
13 ‘
.3 By 2%é QMZM Z
ictoria Cha r ' , Executive irector
16 Approved as to form:
17
18
19 Barbara J. Diamond, OSB# 85039
2O Attorney for Larry Adam Miller [053061
O
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