1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) ORDER OF REINSTATEMENT 4 Administrative License 0t ) AND PROBATION 5 BRUCE JOSEPH TUBRE ) 6 This matter came before the Commission on a request by Mr. Tubré for reinstatement , 7 of his educator licenses. Mr. Tubré's licenses have been revoked since August 8, 2005. The 8 parties have agreed to resolve Mr. Tubré’s request for reinstatement by entry of this order of 9 reinstatement. 10 FINDINGS OF FACTS 12 1. The Commission licensed Mr. Tubré beginning July 11, 1996, until revocation on August 13 8, 2005. ‘ 14 2. On April 29, 2003, Mr. Tubré submitted an application for a Standard Teaching License 15 and Basic Administrative License to the Commission, and responded affirmatively to 16 character questions 8, 9, and 10. The Commission issued a notice to Mr. Tubré, proposing 17 to deny his application, and suspending his right to apply for a license. Mr. Tubré 18 subsequently requested a hearing and provided complete information to the Commission in 19 support of his fitness to serve as an educator. 20 3. On March 5, 2004, after review of the matters alleged, the Commission agreed to issue 21 Mr. Tubré the licenses, subject to four years of probation during which time Mr. Tubré was to 22 obtain treatment for his alcohol dependency and submit to the Executive Director of the 23 Commission reports of his compliance with an aftercare treatment plan. Mr. Tubré was to 24 provide these reports every six months. The terms of the probation also specified that Mr. 25 Tubré was to conduct himself as a law-abiding citizen and report in writing within ten days to Page 1 - ORDER OF REINSTATEMENT AND PROBATION- TUBRE 1 the Executive Director any arrest or citation for any felony, misdemeanor, major traffic 2 violation or violation of criminal probation, and was to comply with the Standards for 3 Competent and Ethical Performance of Oregon Educators under OAR Chapter 584, division 4 020. 5 4. Furthermore the March 5, 2004 order required Mr. Tubré: 6 a. at his own initiative and expense, to continue to obtain treatment for his alcohol 7 dependency as recommended by his alcohol treatment provider and abstain from 8 the consumption of alcohol; 9 b. submit to the Executive Director of the Commission, during the period of his 10 probation, reports of his compliance with the aftercare treatment plan. Mr. Tubré 11 was to provide these reports every six (6) months during his probation. 12 c. conduct himself as a law-abiding citizen; 13 d. report in writing within ten days to the Executive Director of the Commission any 14 arrest or citation for any felony, misdemeanor, major traffic violation or violation of 15 criminal probation; and 16 e. comply with the Standards for Competent and Ethical Performance of Oregon 17 Educators under Oregon Administrative Rules Chapter 584, Division 020. 18 5. The terms of the probation also specified that violation of any of its terms would 19 constitute an independent basis for the Commission to revoke Mr. Tubré’s licenses after first 20 providing Mr. Tubré with Notice and Opportunity for Hearing. 21 6. On January 1, 2005, Mr. Tubré violated the terms of his probation by consuming 22 alcohol. Page 2 — ORDER OF REINSTATEMENT AND PROBATION- TUBRE 1 7. On January 1, 2005, Mr. Tubré violated the terms of his probation when he engaged in 2 an act constituting criminal conduct by operating a motor vehicle under the influence of 3 intoxicants in Linn County, Oregon. 4 8. On January 1, 2005, Mr. Tubré violated the terms of his probation when he failed to 5 make a written report to the Executive Director of the Commission disclosing that he was 6 arrested for DUII, on January 1, 2005, in Linn County, Oregon. 7 9. On February 7, 2005, the Commission issued and served by certified mail on Mr. 8 Tubré, a Notice of Opportunity for Hearing and Notice of Contested Case Rights and 9 Procedures. This Notice was served on Mr. Tubré at the last known address he had provided 10 to the Commission 11 10. On June 30, 2005, the OAH issued a Notice of Hearing stating that a contested case 12 hearing would be held on July 19, 2005. This Notice was served by first class and certified 13 mail on Mr. Tubré. 14 11. On July 19, 2005, a contested case hearing on the matter was convened. Mr. Tubré 15 failed to appear. 16 12. On August 8, 2005, the Commission adopted a Final Order revoking the teaching and 17 administrative licenses of Mr. Tubré. 18 13. On July 31, 2008 Mr. Tubré submitted an application for reinstatement of his revoked 19 Standard Teaching License and for issuance of a Standard Administrative License. 20 l // 21 //l 22 /// 23 /// ‘ l Page 3 - ORDER OF REINSTATEMENT AND PROBATION- TUBRE 1 CONCLUSION OF LAW 2 Mr. Tubré provided sufficient evidence to establish that he possesses the qualifications 3 required for reinstatement of his Standard Teaching License, with a Basic Physical Education 4 endorsement and issuance of a Basic Administrative License, with a Standard Administrative 5 endorsement, pursuant to OAR 584-050-0018. 6 ORDER 7 The Commission adopts the above stipulation of facts and authorizes the issuance of a 8 Standard Teaching License with a Basic Physical Education endorsement and a Basic 9 Administrative License with a Standard Administrative endorsement to Mr. Tubré subject to all 10 standard terms and conditions. 11 Furthermore, the Commission imposes a four (4) year probation upon 12 Mr. Tubré to commence the date of issuance of said license and subject to the following 13 special terms and conditions of probation: 14 1. Mr. Tubré shall, at his own initiative and expense, continue to obtain treatment for 15 his alcohol dependency as recommended by his alcohol treatment provider; 16 2. During the period of his probation, Mr. Tubré shall submit to the Executive Director 17 of the Commission reports of his compliance with the aftercare treatment plan. Mr. Tubré 18 shall provide these reports every six (6) months during his probation, beginning in August 19 2009. 20 3. Mr. Tubré shall conduct himself as a law-abiding citizen; 21 4. Mr. Tubré shall report in writing within ten days to the Executive Director of the 22 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 23 violation of criminal probation; and Page 4 - ORDER OF REINSTATEMENT AND PROBATION- TUBRE 1 5. Mr. Tubré shall comply with the Standards for Competent and Ethical Performance 2 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 3 Violation of any term or condition of probation shall constitute an independent basis for 4 the Commission to revoke Mr. Tubré’s teaching license or otherwise impose discipline, after 5 first providing Mr. Tubré with notice and opportunity for hearing. e IT IS so ORDERED thistgfild day of February 2009. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 1. 10 Victoria Chambeé' , xecutive Director [02182009] Page 5 - ORDER OF REINSTATEMENT AND PROBATION- TUBRE