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 OF FACTS t

5 JIMMIE LEE KIRKPATRICK ) AND ORDER OF PROBATION

g )

8 On July 29, 2002, the Teacher Standards and Practices Commission (Commission)

9 received a report from Portland Public Schools indicating that at the District's direction, Jimmie
1O Lee Kirkpatrick (Kirkpatrick) was tested for the use of controlled substances. The test was
1 1 positive for marijuana.
12 On August 12, 2002, prior to receiving notification from the Commission regarding the
13 district's report, Mr. Kirkpatrick, by and through his attorney Louis Savage, contacted the
14 Commission regarding this matter. Mr. Kirkpatrick fully cooperated with the Commission.
" 5 After review of the matters alleged, Mr. Kirkpatrick and the Commission agree that their
16 respective interests, together with the public interest, are best served by a stipulation to certain
17 facts. The Commission will impose a four (4) year probation. This Order sets forth the facts
18 upon which the parties have agreed and the sanction to be imposed. In entering into this
19 stipulation, Mr. Kirkpatrick waives the right to a hearing to contest the findings of fact, conclusion
20 of law and order set forth below. Mr. Kirkpatrick understands that the probation and suspension
21 will be subject to specific conditions. - .
22 STIPULATION OF FACTS
23 1. The Commission has licensed Jimmie Lee Kirkpatrick since November 6, 1981. Mr.
24 Kirkpatrick currently holds a Standard Administrative License, issued September 16, 1999, valid
25 through August 31, 2004, with a Standard Administrator Endorsement.
26 2. Mr. Kirkpatrick has served as a licensed educator and administrator in Oregon for 21
2T years.

Page 1-STIPULATION OF FACTS, ORDER OF PROBATION - KIRKPATRICK

'1 3. On July 1, 2002, Portland Public Schools hired Mr. Kirkpatrick to serve as an
2 administrator. On July 16, 2002, Mr. Kirkpatrick was tested for the use of controlled substances.
3 The test was positive for marijuana.
4 4. Mr. Kirkpatrick recognizes that he has a chemical dependency problem. He
5 voluntarily entered a treatment program on September 10, 2002.
6 Jimmie Lee Kirkpatrick enters into this Stipulation of Facts with the knowledge that the
7 Teacher Standards and Practices Commission shall place him on probation for a period of four
8 (4) years. This Stipulation is contingent upon approval and adoption of the Order by the full
9 Commission. If the Commission does not adopt this Order, neither Mr. Kirkpatrick nor the
1O Commission are bound by these stipulations and Mr. Kirkpatrick retains the right to a hearing on
1 1 theAallegations.
12 IT misc STIP T D"
é "I ‘ _ tied/ 0 264?! 49"’-
¢ immie Lee Kirkpatrick Date .
16 ‘ .',' . . , ' J/ 1 , ‘ f [i_. /£'/-£)2
17 ictoria Cha rlain, Execut' e Director Date
18 Teacher Standards and Practices Commission
19 CONCLUSIONS OF LAW
20 On September 12, 2002, Jimmie Lee Kirkpatrick admitted to the Commission’s
21 Investigator that prior to July 16, 2002, he possessed and used marijuana. The admission of or
22 engaging these acts are basis for discipline pursuant to OAR 584-020-0040(5)(e). The
23 Commission's authority to impose discipline in this matter is based upon ORS 342.175.
24 ORDER
25 The Commission adopts the above Stipulation of Facts and imposes a four (4) year
26 probation upon Mr. Kirkpatrick’s licensure effective October 12, 2002.
‘7 The terms of probation are as follows:
Page 2-STIPULATION OF FACTS, ORDER OF PROBATION - KIRKPATRICK

1 1. Mr. Kirkpatrick shall, at his own initiative and expense, continue to obtain treatment
'2 for chemical dependency as recommended by his treatment provider;
3 2. During the period of his probation, Mr. Kirkpatrick shall submit to the Executive
4 Director of the Commission reports of his compliance with the treatment plan. Mr. Kirkpatrick
. 5 shall provide these reports every six (6) months during his probation;
6 3. Mr. Kirkpatrick shall comply with all Standards for Competent and Ethical
7 Performance under Chapter 584, Division 020;
8 If Mr. Kirkpatrick does not comply with his treatment plan based on the reports of his
9 treatment provider or as othen/vise determined by the Executive Director he shall be in violation
10 of the terms of this probation. Violation of the terms of this probation may constitute an
11 independent basis for the Commission to impose discipline, up to and including revocation of
12 Mr. Kirkpatrick’s licensure subject to Mr. Kirkpatrick’s right to a hearing on the issue of whether
3 he violated probation.
‘4 IT IS SO ORDERED this L day of October, 2002
15 TEACHER STANDARDS AND PRACTICES COMMISSION
16
17 By j m g MM
18 , ./ Vlctoria Chamb n, Executiv Director
19 A ro diastof rm: '
20 < Q j 31 é
21 Lo ' Sa e SB# 7428,
22 Attorney for immie Lee Ki kpatrick [091202]
O
Page 3-STIPULATION OF FACTS, ORDER OF PROBATION - KIRKPATRICK