1 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION '
2 OF THE STATE OF OREGON
3 In the Matter of the
Teaching License of
4 STIPULATION OF FACTS, AND
5 HARVEY J. SANTOS ORDER OF SUSPENSION
6
7 On May 19, 1998, the Teacher Standards and Practices Commission (Commission)
8 entered into a stipulated settlement and order or probation with Harvey J. Santos. The stipulation
9 contained ﬁndings that Mr. Santos had struck a student on the back of the head with his hand
10 during the week of December 16, 1996; that Mr. Santos had struck a student with his hand in the
11 rnidsection on about January 8, 1997, and had been convicted of assault in the fourth degree in
. 12 Klamath County District Court as a result of the incident; and that Mr._Santos’ actions violated .
E 13 the policy of his employing district concerning corporal punishment.
14 Under the May 19, 1998 stipulation and order, the Commission issued a public reprimand
15 and placed Mr. Santos on probation for a period of one year with the conditions that Mr. Santos
16 conduct himself as a law-abiding citizen and comply With standards of competent and ethical
17 performance of Oregon educators.
18 On October 13, 1998, the Commission provided notice to Mr. Santos that the
19 Commission had received information that Santos had violated terms of his probation
20 Mr‘ Santos requested a hearing in response to the notice.
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Page 1 — STIPULATION OF FACTS, AND ORDER OF SUSPENSION
JGMItjh\G:\TJI-l\tapwip\GEN1 1915.DOC Departmem of Justice
1162 Court StreetN'E
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’ 1 Aﬁer a review of the matters alleged, Mr. Santos and the Commission have agreed that
2 their respective interests, together with the public interest, are best served by a stipulation to
3 certain facts and the imposition of a period of suspension. This agreement sets forth the facts
4 upon which the parties have agreed, the sanction to be imposed, and the Commission’s order.
5 STIPULATED FACTS
6 Mr. Santos and the Commission stipulate to the following facts:
7 1. Mr. Santos holds a standard teaching license with an endorsement in technology
8 education.
9 2. Mr. Santos has been employed as a teacher with the Klamath County School
10 District since 1980. He resigned his position with the district effective February 25, 1999.
ll 3. Mr. Santos was placed on probation by the Commission in May 1998.
. 12 4. On September 24, 1998, Mr. Santos grabbed a student by the lip with his hand in
l3 violation of his employer’s directive and in violation of the district’s corporal punishment policy.
l4 5. On September 24 or September 25, 1998, Mr. Santos used an inappropriate and
15 obscene word in his classroom when dealing with this student. ‘
16 6. Mr. Santos has been under treatment for depression and anger management both
17 before and since the incidents of September 24 or September 25, 1998. ‘
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JGM:tjh\G:\TII-I\tapwip\GENl1915.DOC Department ofJustice .
1162 Court saga NE t
S332‘; $8233? . l
1

. l This stipulation and proposed order are contingent on approval by the ﬁlll Commission.
2 If the Commission does not approve this stipulation and proposed order as written, any waiver of
3 rights by Mr. Santos is revoked. The statements contained in this stipulation may not be used by
4 Mr. Santos or the Commission for any reason, should the Commission fail to approve this
5 stipulation and proposed order.
6
S Harvey J. s Date
8
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9 ¥V\ / I
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10 David V. Myton Date
Executive Director
11 Teacher Standards and Practices Commission
. 12 CONCLUSION 0F LAW
13 Mr. Santos’ conduct as described above constitutes gross neglect of duty under OAR
l4 584-020-0040(4)(d) and is a violation of the conditions of his probation.
15 ORDER ’
16 The Commission suspends the Oregon teaching license of Harvey J. Santos for a period
17 beginning with the date of this order through July 31, 1999.
18 At the end of the period of suspension, Mr. Santos’ teaching license shall be reinstated if he
19 provides written evidence to the Commission from his treatment provider that he has continued
20 treatment for mental health problems as recommended by the treatment provider and that in the
21 opinion of the treatment provider Mr. Santos can resume his teaching responsibilities without engaging
22 in corporal punishment or inappropriate physical contact with students. Upon reinstatement,
. 23 Mr. Santos shall remain on probation for a period of two years subject to the following conditions:
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J GM;tj h\G:\TJH\tapwip\GENl 191 5.1)oc Depanmem of Justice
1162 Court Street NE
Salem, OR 97310
(5093784003

. 1 1. Mr. Santos shall continue with treatment as recommended by his treatment
2 provider.
3 2. Mr. Santos shall not have physical contact with any student for purposes of
4 discipline, restraint, rebuke, physical search or investigation of misconduct.
5 3. Mr. Santos shall conduct himself as a law abiding citizen and shall comply with
6 all standards of Competent and Ethical Performance of Oregon Educators under OAR 584
7 Division 20.
8 i 4. Mr. Santos shall provide information as requested by the Commission to verify
9 that ‘he has complied with conditions of probation, including a written statement of satisfactory
10 performance by any employing district.
1 1 DATED this Lily ofMarch 1999.
12 TE HER STANDARDS AND PRACTICES COMMISSION
9 .3 MM
14 David V. Myton, Executive Director
15 Approved as to form:
‘6 @XQ EM a,” [m
17 Henry J. Kaplan Date
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