.'I 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 MICHAEL WILLIAM SHAW ) AND PROBATION 6 On or about September 15, 2003, the Teacher Standards and Practices Commission 7 (Commission) received information indicating that Michael William Shaw (Shaw) violated his 8 probation with the Commission by consuming alcohol on three separate occasions during the 9 Summer of 2003. 10 After review of the facts in this matter, Mr. Shaw and the Executive Director agree that 11 their respective interests, together with the public interests, are best served by a stipulation to 12 certain facts, the imposition of a public reprimand and a four (4) year probation. 13 This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. Mr. Shaw and the Commission stipulate that the following facts are true and that q; there are sufficient facts in the Commissions file and records to support the findings of fact and 16 conclusions of law contained in this order. In entering into this stipulation, Mr. Shaw waives the 17 right to a hearing to contest the findings of fact, conclusion of law and order set forth below. Mr. 18 Shaw understands that the Commission will impose a four (4) year probation with specific 19 conditions. 20 This stipulation is contingent upon approval and adoption of the Order by the 21 Commission. If the Commission does not adopt this Order, neither Mr. Shaw nor the 22 Commission are bound by these Stipulations and Mr. Shaw retains all rights to a hearing on the , 23 allegations. 24 STIPULATION 0F FACTS 25 1. The Commission has licensed Michael William Shaw since July 20, 1981. Mr. Shaw i currently holds a Standard Teaching License, issued February 12, 2003, valid through 27 January 14, 2008, with a Standard Social Studies Endorsement. i Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — SHAW '1 2. Mr. Shaw is employed as a teacher at Hermiston High School. He began his 2 employment with Hermiston School District in 1981. 3 3. On March 12, 2003, the Commission adopted a Stipulation of Facts and Order of 4 Probation in the Matter of the Teaching License of Michael William Shaw. As a condition of 5 probation Mr. Shaw agreed to abstain from the consumption of alcohol. 6 4. On September 15, 2003, the Commission received a report from Kristopher Petersen 7 DC DABCI, indicating that during the Summer of 2003, Mr. Shaw consumed alcohol on two or 8 three occasions. 9 5. On November 18, 2003, at the request of the Executive Director, Mr. Shaw 1O participated in an evaluation for alcohol dependence at New Horizon Program. The evaluator filo/t 11 recommended that Mr. Shaw continue his current aftercare recovery programbased-upen-t-he ,4”)? "if 12 Wits-zommw. fw "MI? I/IL,”5 6. Mr. Shaw recognizes that he suffers from the disease of alcoholism. w I’ Q IT IS SO STIPULATED: 0k 15 fiZ~f~aJ \Q-9~9° 16 ichael William Sh w Date 17 18 M22222 ,2 ~ 1;» ‘as 19 ictoria Cha n, Executive Director Date 20 CONCLUSION OF LAW 21 By consuming alcohol, Mr. Shaw knowingly violated a condition of the Order of 22 Probation adopted by the Commission on March 12, 2003, OAR 584-020-0040(4)(k). This 23 violation of probation constitutes Gross Neglect of Duty. The Commission's authority to impose 24 discipline in this matter is based upon ORS 342.175. 25 / // 6 // / 6 // / Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - SHAW .1 ORDER 2 The Commission hereby imposes a Public Reprimand upon Mr. Shaw. This Stipulation 3 of Facts, Order of Reprimand and Probation constitute the Reprimand. 4 Furthermore, the Commission imposes a four (4) year probation to commence on 5 January 9, 2004, subject to the following terms and conditions: . 6 1. Mr. Shaw shall, at his own initiative and expense, continue to obtain treatment 7 for his alcohol dependency as recommended by his alcohol treatment provider and abstain from 8 the consumption of alcohol. 9 2. During the period of his probation, Mr. Shaw shall submit to the Executive Director of 1O the Commission reports of his compliance with the treatment plan. Mr. Shaw shall provide 11 these reports every six (6) months during his probation, on 0r before: July 9, 2004; January 9, 12 2005; July 9, 2005; January 9, 2006; July 9, 2006; January 9,2007; July 9, 2007; and January 9, 2008. j 3. Mr. Shaw shall report in writing within ten (10) days, to the Executive Director of the 15 Commission, any arrest (or citation) for any felony, misdemeanor or major traffic violation. 16 4. Mr. Shaw shall comply with all Standards for Competent and Ethical Performance 17 under Oregon Administrative Rules, Chapter 584, Division 020. 18 /// 19 .1’ / / 20 // / I O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — SHAW 1 If Mr. Shaw 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 3 of the terms of this probation. Violation of any of the terms or conditions of probation shall 4 constitute an independent basis for the Commission to impose discipline, up to and including 5 revocation of Mr. Shaw's teaching license subject to Mr. Shaw’s right to a hearing on the issue 6 of whether he violated probation. 7 IT IS SO ORDERED this /5W day of January 2004. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 . 1O By: l 2222,4011 1"’44/ 11 Von Chamberlin, Excutive Director 1% Approved as to for . V . 1 4 tn/ 11/ W! /os 6 Ralph E. V/ViVOSB#_1423 / Attorney for . chael William Shaw [112503] O Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - SHAW