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 ) AND
5 KENDALL UTHER LYONS ) FINAL ORDER OF PROBATION
6 On September 12, 2005, Kendall Uther Lyons (Lyons) submitted an application for
7 reinstatement of an expired Standard Teaching License to the Teacher Standards and Practices
8 Commission (Commission). Mr. Lyons responded affirmatively to character questions 8 and 10. _
9 Mr. Lyons fully cooperated with the Commission's investigation of his criminal history.
A 10 After review of the matters alleged, Mr. Lyons and the Commission agree that their respective
1 1 interests, together with the public interest, are best sewed by a stipulation to certain facts and a
12 four (4) year probation.
13 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed. Mr. Lyons stipulates that there is sufficient evidence in the
Commission's files and records to support the findings of fact, conclusions of law, and order set
Q6 forth below.
17 By signing below, Mr. Lyons acknowledges, understands, stipulates, and agrees to the
18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
) 21 Order of Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public
22 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and
23 Final Order is contingent upon and subject to approval and adoption by the Commission. lf the
24 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr.
25 Lyons nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation
26 and Final Order, and understands it completely; (v) he voluntarily, without any force or duress,
enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated
Q Final Order below; (vi) he states that no promises or representation has been made to induce
Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF PROBATION - LYONS

1 him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney
‘ regarding this Stipulation and Final Order and has been fully advised with regard to his rights
3 thereto, or waives any and all rights to consult with an attorney prior to entering into this
' 4 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
5 STIPULATION OF FACTS
6 1. Mr. Lyons was licensed by the Commission on September 15, 1976. His Standard
7 Teaching License expired on January 27, 1985.
8 2. On September 12, 2005, Mr. Lyons submitted an Application For Educator License
9 Form C-1 to the Commission requesting reinstatement of an expired Standard Teaching
10 License. He responded affirmatively to character questions 8 and 10, provided an explanation
1 1 and court documents.
12 3. On January 29, 2001 , Mr. Lyons was charged with Falsely Reporting an Emergency
13 in Superior Court for Santa Barbara County. On December 12, 2002, the misdemeanor charge
was dismissed by the court based upon Mr. Lyon’s graduation from an alcohol program.
I Q5 4. On February 22, 2001, Mr. Lyons was charged with Falsely Reporting an Emergency
16 and Public Intoxication (Liquor) in Superior Court for Santa Barbara County. On December 12,
17 2002, the misdemeanor charges were dismissed by the court based upon Mr. Lyon's graduation
18 from an alcohol program.
19 5. On July 29, 2003, Mr. Lyons was arrested in Santa Barbara, California for Driving
20 Under Influence Alcohol; Battery of a Police Officer/Emergency Personnel; Resist, Obstruct,
21 Delay of Peace Officer; and Hit and Run Property. On October 24, 2003, Mr. Lyons pied guilty
22 and the Superior Court, State of California for the County of Santa Barbara convicted Mr. Lyons
23 for Driving Under the Influence of Alcohol, Batten/ Upon an Officer and Hit and Run Property, all
24 other charges were dismissed. The court sentenced Mr. Lyons to 40 days in jail (commuted to
_ 25 community service) and placed Mr. Lyon on three years probation.
O
Page 2 — STIPULATION OF FACTS AND FINAL ORDER OF PROBATION - LYONS

1 6. On December 15, 2003, Mr. Lyons was charged with Annoying Telephone Calls in
‘ Superior Court for Santa Barbara County. During a settlement conference on January 21, 2004,
3 the charge was dismissed and Mr. Lyons pled “no contest" to an infraction.
4 7. On December 9, 2003, Mr. Lyons successfully completed a DUI program at Zona
5 Seca DUI Department in Santa Barbara, California.
6 8. Mr. Lyons recognizes that he has an alcohol abuse problem and has agreed to
7 continue treatment.
8 IT IS SO STIPULATED AND AGREED TO:
9 768411” u 59,2, a~ /1/— 06
. 10 Kendajfither Lygns/ . t Date
11 9/” w 7*7/ )v W . .1 A /
12 fi/rfééwwa /5'~@” .
13 ictoria Ou®z , Executive Director W
14 Teacher Stanards and Practices Commission
15 CONCLUSIONS OF LAW
Kendall Uther Lyons’ alcohol related criminal convictions and criminal conduct constitute
Q Gross Unfitness as defined in OAR 584-020-0040(5)(c) and OAR 584-020-0040(5)(e). Criminal
18 convictions and criminal conduct, even in the absence of conviction, may be used as evidence
19 to establish an applicant’s lack of fitness to serve as an educator pursuant to OAR 584-050-
2O 0006. The Commission has the authority to impose discipline in this matter under ORS 342.120
21 through 342.430 and OAR Chapter 584.
' 22 STIPULATED FINAL ORDER
23 The Commission adopts and incorporates herein the above findings of facts and
24 conclusions of Iaw, and based thereon, hereby adopts the above stipulation of facts and
25 authorizes the issuance of a Standard Teaching License to Mr. Lyons subject to all standard
26 terms and conditions.
27 Furthermore, the Commission imposes a four (4) year probation upon Mr. Lyons to
commence the date of issuance of said license and subject to the following special terms and
g; conditions of probation:
Page 3 - STIPULATION OF FACTS AND FINAL ORDER OF PROBATION - LYONS

1 1. Mr. Lyons shall within the first six months of probation, on or before
‘ February 4, 2007, provide a copy of the treatment plan and aftercare plan as prescribed by the
3 treatment provider;
4 2. Mr. Lyons shall, at his own initiative and expense, continue to obtain treatment for his
I 5 alcohol dependency as recommended by his alcohol treatment provider and abstain from the

6 consumption of alcohol;

7 3. During the period of his probation, Mr. Lyons shall submit to the Executive Director of

8 the Commission reports of his compliance with the aftercare treatment plan. Mr. Lyons shall

9 provide these reports every six (6) months during his probation, on or before: May 4, 2007,
1O November 4, 2007, May 4, 2008, November 4, 2008, May 4, 2009, November 4, 2009,
11 May 4, 2010, November 4, 2010, May 4, 2011, and November 4, 2011;
12 4. Mr. Lyons shall conduct himself as a law-abiding citizen;
13 5. Mr. Lyons shall report in writing within ten days to the Executive Director of the

. Commission any arrest or citation for any felony, misdemeanor, major traffic violation or
15 violation of criminal probation; and
16 6. Mr. Lyons shall comply with the Standards for Competent and Ethical Performance of I
17 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. I
18 Violation of any term or condition of probation shall constitute an independent basis for I
19 the Commission to revoke Mr. Lyons’ teaching license or otherwise impose discipline, after first I
2O providing Mr. Lyons with notice and opportunity for hearing. I
21 Issued and dated this Li day of November, 2006.
22 TEACHER STANDARDS AND PRACTICES COMMISSION I
22 STATE OZREGON t ‘
25 By Z é2% @246”
26 | tori amberl ' , E e Director [091106] I
' O
Page 4 - STIPULATION OF FACTS AND FINAL ORDER OF PROBATION - LYONS