1 ‘ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 0F THE STATE OF OREGON 3 In the Matter oi the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF SUSPENSION - 5 Michael B. Brannon ) ' ' g ‘ 0h February 27, 2008, the Teacher Standards and ‘Practices Commission (Commission) 8 _received a report indicating Michael E. Brannon (Brannon) was arrested for DUll. Upon review, ' 9 it was determined that Brannon was arrested on May S, 2006, for DUII and entered into a 1O diversion agreement that was still ‘pending when Mr. Brannon applied for lioensure on June 14, ' , 11 2007. Mr. Brannon failed to answer ‘yes’ to character Question #9 regarding pending criminal _ 12 offenses on the application. ' , ‘ 13 After review of the matters alleged, Mr. Brannon and the Commisslon agree that their 14 respective interests, together with the public interest, are best sewed by a stipulation to certain 15 facts and the imposition of a 30 day suspension. V 16 By signing below, Mr. Brannon acknowledges, understands, stipulates, and agrees to ' 17 the following: (i) he has been fully advised of his rights to notice and a hearing to contest the 18 findings of fact, conclusions of law, and order set forth below, and fully' and finally waives all 19 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts ‘and Final 20 Order of Suspension (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 21 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 22 Final Order is contingent upon and subject to appmVaI and adoption by the Commission. it the 23 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr. > 24 Brannon nor the Commission are bound by the terms herein; (iv) he has fully read this , , 25 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any toroe I 26 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the 27 Stipulated Final Order below, (vi) he states that no promises or representation has been made 28 to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attomey Page 1 STIPULATION 0F FACTS AND ORDER 0F REPRIMAND AND PROBATION - BRANNON 1 regarding this Stipulation and Final Order and has been fully advised with regard to his rights ' 2 thereto, or waives any and all rights to oonsultwith an attorney prior to entering into this I 3 Stipulation and Final Order and Issuance and entry of the Stipulated Final Order below. ' . 4 'STIPULATION OF FACTS ' 5 - 1. Mr. Brannon is a long time teacher in the Portland Public Schools. Mr. Brannon ' ' 8 I currently holds a Standard Teaching License, with an endorsement In Basic Elementary, _ 7 ' issued July 5, 2007, and valid through July 4, 2010. i , 8 2. On or about May 6, 2006, Mr. Brannon was arrested for DUII and on or about June 30, . _ 9 _ 2006, he entered into a diversion agreement which was completed and the DUII was - I 10 dismissed on or about April 10, 2008. 11 3. On or about June 14, 2007, Mr. Brannon submitted his application for licensure and Mr. 12 . Brannon failed to answer "yes" to character Question #9: “Have you ever been arrested . . 13 or cited for any offence listed in Question #8 (above) which is still pending in court?" In I 14 . fact the DUII charge'was still pending in court on June 14. 2007. 15 IT IS SO STIPULATED: 19W WM ‘ 18 Mi ael E. Brannon Date ' ii . fig?) QM” ‘ gamer 21 rotoria Cha xecutive Director Date 22 Teacher Standards and Practices Commission - 23 ll I 24 /// , ' 25 I'll ' . , 26 l (I 27 ll/ 28 /// 1 29 v l~/ / I Page 2 STIPULATION 0F FACTS AND ORDER OF REPRIMAND AND PROBATION - BRANNON ‘ 1 ' CONCLUSION 0F LAW 2 . Mr. Brannon tailed to answer honestly character Question #9 on the TSPC application. ' 3 This conduct constitutes gross neglectlot duty In violation of ORS 342.175(1)(b); OAR 584-020- 4 0040(4)(c) (Knowing falsification of any document or knowing misrepresentation directiy related 5 to licensure, employment or professional duties). A _ ' ' 6 I I I . 7 /‘/1 , 8 ORDER i 9 The Commission adopts and incorporates herein the above findings ot fact and 10 conclusions of law and, based thereon, Imposes a 30 day suspension regarding the Standard I 11 Teaching License of Mr. Brannon, effective the date of this Order and commencing August 10, 12 2009. WL 13 Issued and dated this/Q__ day of August, 2009. 14 TEACHER STANDARDS AND PRACTICES COMMISSION - 15 STATE OF OREGON . _ 1g a! gzw é MW 18 rctoria Chem , xecutive Director _ . ‘ Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — BRANNON '