BEFORE THE
TEACHER STANDARDS AND PRACTICES COMMISSION
STATE OF OREGON

In the Matter of the )
Teaching License of )
JAMES CARL HUDSON )

)

FINAL ORDER
By resolution dated March 12- 13, 1998, the Teacher Standards and Practices
Commission adopts the attached proposed order to suspend the Oregon
Teaching License of James Carl Hudson for a period of six months and upon
reinstatement of the license place Mr. Hudson on Probation for a period of three
years. fl‘,
DATED THIS / f day of March, 1998.
TEACHER STANDARDS AND PRACTICES COMMISSION
I By @M/ 42,-,‘qu
David V. Myton, xecutive Director

NOTICE: YOU ARE ENTITLED TO A JUDICIAL REVIEW OF THIS ORDER
JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW
WITHIN 60 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW
IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE OREGON
COURT OF APPEALS.

l STATE OF OREGON
TEACHER STANDARDS AND PRACTICES COMMISSION
2
In the Matter of the ) FINDINGS OF FACT, ULTIMATE
3 Teaching License of: ) FINDINGS OF FACT,
JAMES HUDSON ) CONCLUSIONS OF LAW, OPINION
4 ) AND PROPOSED ORDER
S On July l8, 1997, the Teacher Standards and Practices
6 Commission (Commission) issued a Notice of Opportunity for
7 Hearing, proposing to suspend or revoke the teaching license of
8 James C. Hudson (Hudson) or otherwise impose discipline under
9 ORS 342.177. On July 24, 1997, Hudson requested a hearing, and
10 the Commission scheduled a hearing for January 23, 1998. The
11 hearing took place as scheduled with a hearing panel consisting
12 of John Miner, Martin Morris, and Toby Clauson as chair.
13 Kelly M. Gabliks, Assistant Attorney General, represented the
4 Commission. Mr. Hudson appeared personally and was represented
15 by Sean Lyell. The hearing was conducted as a contested case
16 matter and was mechanically tape recorded.
17 The panel heard testimony from the following witnesses
18 called by Ms. Gabliks: Bill Bagley and Janet Bagley. The panel
19 also heard testimony from Mr. Hudson on his own behalf.
20 The following exhibits offered by Ms. Gabliks were received
21 into evidence:
22 l. Notice of Opportunity for hearing dated July 18, 1997.
23 2. Letter from Mr. Hudson dated July 24, 1997 requesting a
hearing.
24
3. Jackson County Judgment of Conviction and Sentence
25 dated May l, 1992 for Mr. Hudson's conviction of
Driving Under the Influence of Intoxicants ("DUII").
26
I yéAGE l — FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
‘ " LAW, OPINION AND PROPOSED ORDER

‘l 4- Medford Police Department Incident Report, Narrative
Report, Probably Cause Affidavit, Summons and
2 Complaint, Continuation Report and Arrest Report
relating to Mr. Hudson's arrest for Assault in the
3 Fourth Degree and Harassment on November 5, 1995.
4 5- Deferred Sentencing Agreement for Mr. Hudson's arrest
for Harassment and Assault dated October 11, 1996.
S
6- Letter from William Bagley to Judge William P.
6 Haberlack dated November 15, 1995.
7 7- Pictures of William Bagley illustrating damage
committed by Mr. Hudson during the assault.
8
8. Notice of Concern Memorandum to Mr. Hudson from
9 Mr. Zaklan, Director of Personnel for the Medford
School District, dated November 29, 1995.
10
9. Medford Police Department DUII and Narrative Report for
ll arrest of Mr. Hudson on September 28, 1996.
12 10. Mr. Hudson's Judgment of Conviction and Sentence for
another DUII dated February 6, 1997.
l3
ll. Letter from Ronald L. Doyle to TSPC summarizing the
4 final disposition of Mr. Hudson's conviction for
assault and harassment and supporting documents,
l5 including the Order to Show Cause dated August 20, 1997
and Medford Municipal Court docket materials.
16
12. Letter from Mr. Hudson to TSPC dated June 17, 1997.
l7
18 The following exhibits offered by Mr. Lyell were received
19 into evidence:
20 A. Letter from Steven R. Wisely to Mr. Lyell dated
January 5, 1998.
21
B. Letter from Steven R. Wisely dated February 20, 1997.
22 (This exhibit was admitted contingent on the Panel's
access to Mr. Hudson's personnel records.)
23
24 ///
25 ///
26 ///
‘SE 2 — FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
LAW, OPINION AND PROPOSED ORDER

‘l FINDINGS OF FACT
2 l. Mr. Hudson began his teaching career as a substitute
3 teacher in Physical Education in 1978. He held various teaching
4 and coaching positions until 1984, when he began teaching and
5 coaching at North Medford High School. He left North Medford
6 at the end of spring 1997. Mr. Hudson holds a standard secondary
7 teaching license with a standard physical education endorsement.
8 This license was issued May 25, 1995 and is valid until
9 June 4, 2000.
10 2. On May 1, 1992, Mr. Hudson was convicted of Driving
11 Under the Influence of Intoxicants ("DUII"). His sentence was
12 suspended for two years with the conditions that he;
13 (1) successfully participate in an alcohol program; (2) perform
.4.- 80 hours of community service; (3) not drive without a valid
15 license or insurance; (4) pay a fine of $600; and (5) not drive
16 for a period of one year. Mr. Hudson ultimately completed the
17 terms of his probation.
18 3. On November 5, 1995, Mr. Hudson was arrested for
19 Harassment and Assault 4, both misdemeanors, based on his
20 unprovoked attack on William Bagley, his ex-wife’s friend.
21 Mr. Bagley suffered various injuries, including damage to his
22 face and eyes.
23 4. On October 11, 1996, Mr. Hudson entered into a Deferred
24 Sentencing Agreement for the Harassment and Assault 4 charges.
25 In this Agreement, Mr. Hudson's sentence relating to these
26 charges would be dismissed if he satisfied certain conditions for
‘AGE 3 - FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
LAW, OPINION AND PROPOSED ORDER

‘1 six months. These conditions included, but were not limited to, I
2 no further law violations. ‘
3 S. On September 28, 1996, Mr. Hudson was arrested for a
4 second DUII. Mr. Hudson submitted to a breathalyzer test, and
5 his Blood Alcohol Content was .13 percent.
6 6. On February 6, 1997, Mr. Hudson was convicted of the
7 second DUII. He was sentenced to: (l) 3O days in jail; (2)
8 license suspension for 3 years; (3) alcohol treatment; (4) attend
9 the Victims Impact Panel; and (5) payment of fines totaling $700.
10 7. Mr. Hudson violated the terms of his probation for the
11 Assault and Harassment charges. As a result of the conviction
12 for the second DUII, on August 20, 1997, he was summoned to
13 appear in court to show cause why the original sentence for the
‘4 Assault s. Harassment charges should not be imposed. Mr. Hudson 1
5 elected not to appear, and the court imposed the original
16 sentence. The convictions for Harassment and Assault 4 were
17 entered in the court records. i
l8 8. Mr. Hudson pled guilty to all three arrests and does
19 not dispute the DUIIs' or assault/harassment convictions and the
20 violation of the deferred sentencing agreement.
21 9. Mr. Hudson is currently teaching in South Carolina.
22 ULTIMATE FINDINGS OF FACT
23 1. Mr. Hudson was convicted of Harassment and Assault 4 on
24 October ll, 1996, and was placed on probation by the court.
25 2. Mr. Hudson was convicted of DUII on February 6, 1997.
26 ///
'AGE 4. — FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
LAW, OPINION AND PROPOSED ORDER

‘ 3. Mr. Hudson's 1997 DUII conviction was a violation of
2 the terms of his probation for his Harassment and Assault 4
3 convictions.
4 CONCLUSIONS OF LAW
5 l. Mr. Hudson's conviction for assault and harassment
6 constitute gross unfitness under OAR 584-20-040(5).
7 2. Mr. Hudson's conviction for DUII constitutes gross
8 unfitness under OAR 584-20-404(5).
9 3. Mr. Hudson's probation violation constitutes gross
10 unfitness under OAR 584-20-040(5).
11 ' OPINION
12 Mr. Hudson's convictions bear a demonstrable relationship to
13 his fitness to serve as an educator:
q l. Mr. Hudson's convictions for DUII sets a poor example -
5 for impressionable students. Schools and police agencies are
16 expending substantial energy and resources to educate children
17 and youth on the dangers of abuse of alcohol and controlled
18 substances. The public expects educators to exhibit responsible
l9 use of alcohol.
20 2. Mr. Hudson's conviction for assault and harassment also
21 sets a poor example for students by suggesting that one viable
22 way to settle conflict is by physical violence. Mr. Hudson's
23 original explanation of how he happened to be at the home of his
24 ex-wife during the early morning hours was not credible.
25 ///
26 ///
‘GE S — FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
LAW, OPINION AND PROPOSED ORDER

€ 3- Mr. Hudson's probation violation constitutes gross
2 unfitness under OAR 584-20-040(5) and gross neglect of duty under
3 OAR 584-40-040(5) (C).
4 The Commission also finds that Mr. Hudson's multiple
5 convictions in a relatively short period of time demonstrates a
6 disregard for the law, the health and safety of the community,
7 and a lack of professional judgment. Mr. Hudson's ability to be
8 a role model to his students and his athletes is seriously
9 damaged by his unlawful actions, especially his convictions for
10 DUII. Clearly, his credibility in serving students on the
11 dangers of abusing alcohol is undermined with these multiple
12 convictions. Mr. Hudson's DUII convictions also indicate a lack
13 of concern for those who were traveling at the same time he was
‘A driving impaired.
5 ORDER
16 l. Mr. Hudson's teaching license is suspended for a period
l7 of six (6) months.
18 2. He must then serve three (3) years probation. While on
l9 probation, Mr. Hudson must:
20 (a) Remain a law abiding citizen;
21 (b) Submit to fingerprinting when reapplying for
22 licensure in Oregon to assure no further
23 violations of the law;
24 (c) Abide by all TSPC requirements; and
25 ///
26 ///
‘GE 6 - FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
LAW, OPINION AND PROPOSED ORDER

Q1 (d) Comply with all remaining terms of his
convictions, and provide documentation to TSPC of
3 compliance with all terms.
4 Violation of any terms of the probation shall constitute a
5 basis for the Commission to revoke Mr. Hudson's probationary
6 license, after first providing to Mr. Hudson notice and
7 opportunity for hearing.
8 DATED this [Yiwday of March 1998.
9 TEACHER STANDARDS AND PRACTICES COMMISSION
lO ‘ // .
r I Z L]
11 8y: 4/ M
David M. Myt n, E ecutive Director
12
NOTICE: YOU ARE ENTITLED‘ TO JUDICIAL REVIEW OF THIS ORDER.
13 JUDICIAL REVIEW MAY BE OBTAINED BY FILING FOR JUDICIAL
REVIEW WITHIN 60 DAYS OF THE SERVICE OF THIS ORDER.
~ JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
ORS 183.482 THROUGH THE OREGON COURT OF APPEALS.
16
l7
18
l9
20
21
22
23
24
25
26 tjh/IG'IG/JGGlléI-‘l
'GE 7 ~ FINDINGS OF FACT, ULTIMATE FINDINGS OF FACT, CONCLUSIONS OF
LAW, OPINION AND PROPOSED ORDER