. " - 0 R l G‘ N A L i . BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 FOR THE STATE OF OREGON 3 In the Matter of the Case No. 111637 4 Teaching License of JAMES RANDALL HEATH STIPULATION OF FACTS, ORDER OF 5 SUSPENSION AND PROBATION 6 7 On or about November 13, 2001, the Teacher Standards and Practices Commission 8 (“Commission”) received a report from Candace Manary, Superintendent, Jackson County 9 School District stating that James Randall Heath (“Heath”) failed to follow district policy in 10 handling and accounting funds. The Commission has also determined that Heath failed to 11 disclose a criminal conviction on his Application for Educator License Form C-l dated August 12 22, 2001. 13 Heath cooperated fully with the Commission’s investigation. After review of the matters ‘t alleged, Heath and the Commission agree that their respective interests, together with the public 15 interest, are best served by a stipulation to certain facts and a suspension of his right to apply for l6 a teaching license. This Order sets forth the facts upon which the parties have agreed and the 17 sanction to be imposed. Heath and the Commission stipulate the following facts are true and that 18 there are sufficient facts in the Commission’s file and records t0 support the findings of fact and 19 conclusion of law contained in this Order. In entering into this stipulation, Heath waives the 20 right to a hearing to contest the findings of fact, conclusion of law and order set forth beiow. 21 Heath understands that the Commission Will suspend his right t0 apply for a teaching license for 22 six (6) months and that upon reinstatement of a teaching license Heath will be placed on 23 probation for a period of two (2) years. 24 // 25 // d6 ” Page l — Stipulation of Facts, Order of Suspension and Probation RJH/th/GENI7394 Department of Justice 1162 Court Street NE Salem, OR 913014096 (503) 947-4600 . The stipulation is contingent upon approval and adoption of the Order by the 2 3 Commission. If the Commission does not adopt this Order, neither Heath nor the Commission 4 are bound by the stipulation and Heath retains all rights to a hearing on the allegations. 5 STIPULATION OF FACTS 6 l. On August 31, 2001, the Commission issued Heath a Basic Teaching License, 7 restricted to Central Point School District. The license expired on August 30, 2002. 8 2. Heath was employed by Central Point School District from August 30, 1998, until his 9 10 resignation on November 9, 2001. 11 3. Heath violated district policy regarding the accounting and depositing of school funds. 12 4. Heath failed to disclose on Application for Educator License Form C-l dated and 13 signed August 22, 2001, that he was convicted in Medford Municipal Court on August 18, 1999 .' for Driving While Suspended. 15 . . . . . - - 5. Heath accepts responsrbility for his behavror and acknowledges his behav1or was 16 inappropriate. l7 18 19 IT IS SO STIPULATED: 2O %* 2M 4 2-7 0 James Randall Heath Dat 22 . 23 .I -'/ ‘x t . . {gag/gt” .. £42". 4/14/24.‘ , (if/1r 1:» Y5)‘ / I (.711 24 \7ictoria Chamb lain/Executive Director Date Teacher Standards and Practices Commission 25 // f fl // Page 2 - Stipulation of Facts, Order of Suspension and Probation RJH/th/GENl7394 Department of Justice 1 162 Court Street NE Salem, OR 973014096 (503) 947-4600 .2 CONCLUSIONS OF LAW 3 1. James Randall Heath failed to follow district policy regarding the collection of funds, 4 accounting and the deposit of those fiands for a district-sponsored football camp in 2001, for 5 Jackson County School District #6, Central Point, Oregon. This conduct constitutes Gross 6 Neglect of Duty in violation of OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 7 0025(2)(d). The Commission’s authority to impose discipline in these matters is based upon 8 ORS 342.175. 9 10 2. James Randall Heath failed to disclose a criminal conviction on an Application for Educator 11 License Form C-l dated August 22, 2001. This conduct constitutes Gross Neglect of Duty in 12 violation of OAR 584-020-0040(4)(c). The Commission’s authority to impose discipline in 13 these matters is based upon ORS 342.175. . ORDER 15 The Commission suspends James Randall Heath’s right to apply for an Oregon Teaching 1: License for six (6) months. At the end of this suspension period, Heath may apply for a teaching 18 license pursuant to OAR 584-050-0015(3) requiring supporting documentation and fees. 19 Upon reinstatement of a teaching license, Heath shall be placed on probation by the 20 Commission for a period of two (2) years. During the term of the probation, Heath shall comply 21 with the Standards for Competent and Ethical Performance of Oregon Educators under Oregon 22 Administrative Rules, Chapter 584, Division O20. 23 Violation of the conditions of probation shall constitute an independent basis for the Z: Commission to revoke Heath’s teaching license or otherwise impose discipline, after first ‘6 providing Heath with notice and opportunity for hearing. Page 3 - Stipulation of Facts, Order of Suspension and Probation i RJH/th/GENI7394 1132212113: 2;:wa 5.1.3213119277106103096 . - 7141/ 2 Dated this _____ day of May 2004. 3 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 . ‘ /‘) :1 7 6 '7 i 1 . " 4 By: - 4/ 31/ / ,/ "111/14 1 Til/{42.171 7 ictoria Chamb lain, Executive Director Teacher Standards ‘actices Commission 8 9 Approved as to form: lO ll A / ‘ . 12 J hn S. Bishop II, OSB #890 in ey for James Randall eath l3 15 l6 l7 l8 l9 20 2l 22 23 24 1 25 26 Page 4 — Stipulation of Facts, Order of Suspension and Probation RJH/ch/GENI7394 Department of Justice l I 62 Court Street NE Salem, OR 973014096 (503) 947-4600