1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) 4 Teaching License of ) STIPULATION 0F FACTS 5 Thomas Joseph Powell ') AND ORDER OF REPRIMAND g ) 8 On or about December 12, 2001, the Teacher Standards and Practices Commission 9 (Commission) received a report from Maureen Sloane, Human Resources Counsel, Portland 1O Public Schools, alleging that Thomas Powell pled guilty to a criminal violation for possession of 11 less than one ounce of marijuana. I 12 Mr. Powell fully cooperated with the Commission's investigation and did not contest the 13 allegations. After review of the matters alleged, Mr. Powell and the Commission agree that their 14 respective interests, together with the public interest, are best served by a stipulation to certain 15 facts and the imposition of a Public Reprimand. 16 This Order sets forth the facts upon which the parties have agreed and the sanction to 17 be imposed. In entering into this stipulation, Mr. Powell waives the right to a hearing to contest 18 the finding of fact, conclusion of law and order set forth below. 19 This stipulation is contingent upon approval and adoption of the Order by the 20 Commission. If the Commission does not adopt this Order, neither Mr. Powell nor the 21 Commission are bound by these Stipulations and Mr. Powell retains all rights to a hearing on 22 the allegations. 23 STIPULATION OF FACTS 24 1. Mr. Powell holds a Basic Teaching License valid until September 9, 2003. The 25 Commission has continually licensed Mr. Powell since July 9, 1984. There are no previous 26 complaints on file with the Commission. 27 2. Mr. Powell is employed by the Portland Public Schools as a teacher at Robert Gray 228 Middle School. He has been employed by Portland Public Schools since September of 1984. 29 There are previous complaints on file with the District. . Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND - POWELL 1 3. On November 28, 2001, Mr. Powell was convicted in Clackamas County Circuit Court . 2 for Possession of a Less than One Ounce of Marijuana (ORS 475.992) a violation of Oregon 3 State Law. 4 4. Mr. Powell accepts responsibility for his behavior and acknowledges that it was 5 inappropriate. 6 IT IS SO STIPULATED: . w 8 4144401(__ 9 Thom Joseph Po II Date 1(1) 52m‘ 44,1434ui _ 115/42 12 Linda L. Samek, Deputy Director Date 13 Teacher Standards and Practices Commission 14 CONCLUSION OF LAW 15 Mr. Powell's conviction for Possession of Less Than One Ounce of Marijuana ORS 16 475.992 is evidence of Gross Unfitness pursuant to OAR 5844-020-0040(5)(c). '17 ORDER 18 The Commission imposes a Public Reprimand on Mr. Powell. This Stipulation of Facts 19 and Order of Reprimand constitute the reprimand. 20 Dated this L'rvday of March 2002 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 L9 \ Mm 23 By: M ' k1“ "A 24 David V. Myton, Executive Director 25 Approved as to form: 26 I 27 0k Mgégéqj ,géj j )ij gj 2 28 argar . Olney, OSB #88135 29 Attorne or Thomas Joseph Po O Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND - POWELL