1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Personnel Service License of ) ORDER OF SUSPENSION 5 SAMUEL HASKIN ALEY ) AND PROBATION 6 On or about April 21, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a report from Maureen R. Sloane, Human Resources Council, Portland 8 Public Schools alleging that Samuel Haskin Aley, a counselor at the Portland Public Schools, 9 has violated the standards of the Teacher Standards and Practices Commission when he 1O reported to the District that he is addicted to “controlled substances”. 1 1 Mr. Aley fully cooperated with the Commission's investigation. Alter review of the 12 matters alleged, Mr. Aley and the Commission agree that their respective interests, together 13 with the public interest, are best served by a stipulation to certain facts, a one (1) year 14 revocation of Mr. Aley's teaching license and a four (4) year probation period upon . reinstatement of said licensure. 16 This Order sets forth the facts upon which the parties have agreed and the sanction to 17 be imposed. Mr. Aley stipulates that there are sufficient facts contained in the Commission's 18 files and records to support the findings of fact and conclusions of law set forth below. In 19 entering into this stipulation, Mr. Aley waives the right to a hearing to contest the finding of fact, 20 conclusion of law and order set forth below. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Mr. Aley nor the 23 Commission are bound by these Stipulations and Mr. Aley retains all rights to a hearing on the 24 allegations. 25 / / / 26 / / / g Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALEY 1 STIPULATION OF FACTS . 1. The Commission issued a Basic Personnel Service License with a Standard School 3 Psychologist endorsement to Mr. Aley on August 2, 2000. The license expired on July 26, 4 2004. 5 2. Mr. Aley was employed as a school psychologist for Portland Public Schools. 6 Mr. Aley has received positive evaluations from Portland Public Schools since he began his 7 employment with the District in 2000. 8 3. Mr. Aley was arrested on October 22, 2003, for possession of a Schedule ll 9 controlled substance. As of March 22, 2005, the criminal charges remain open, pending 1O successful completion of a court ordered rehabilitation program. 11 4. Mr. Aley provided information to the District regarding his conviction. The District 12 agreed to continuation of employment contingent upon completion of a chemical dependency 13 assessment and compliance with any treatment if referred. ‘ 5. On April 24, 2004, Mr. Aley participated in a chemical dependency assessment at 15 Cascade Centers, Inc. 16 6. On April 28, 2004, Cascade Centers, Inc. provided a telephonic statement to the 17 Portland School District confirming that Mr. Aley met with a counselor for an assessment. Mr. 18 Aley was referred for treatment by the evaluator. 19 7. Mr. Aley entered into a “Last Chance Agreement” with the Portland Public Schools on 20 April 20, 2004. Mr. Aley violated the terms of the “Last Chance Agreement". 21 8. On December 8, 2004, Mr. Aley told Teacher Standards and Practices Commission i 22 Investigator that he remains in the program and follows the program to the best of his abilities, 23 however, Mr. Aley continues to have relapses and has used controlled substances as late as 24 December 6, 2004. 25 This stipulation is contingent upon approval and adoption of the Order by the full ' Commission. If the Commission does not adopt this Order, neither Mr. Aley nor the Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — ALEY 1 Commission are bound by these stipulations and Mr. Aley retains the right to a hearing on the ‘ allegations. 3 IT IS SO STIPULATED: 4 . ' , 51L l - Mfi 5 Sa a askins A a Date 6 4. iwfllf/d ‘ 5 “(2 z‘ *QS 7 Victoria Cham' - ‘ n, Executive Director Date 8 Teacher Standards and Practices Commission 9 CONCLUSIONS 0F LAW 1O Samuel Haskins Aley is guilty of Gross Unfitness in violation of OAR 584-020-0040(5)(e) 1 1 through his continued use of controlled substances which constitutes an act of criminal conduct. 12 Samual Haskins Aley is guilty of Gross Neglect of Duty in violation of OAR 584-020- 13 0040(4)(n) as it incorporates OAR 584-020-0010(5) through his demonstrated failure to use 14 professional judgment when using controlled substances. ' /// ‘6 /// 17 / / / O Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — ALEY 1 ORDER . The Commission adopts the above Stipulation of Facts, imposes a one (1) year 3 revocation of Mr. Aley’s right to apply for a license, effective January 1, 2005. Pursuant to OAR 4 584-050-0015(3), Mr. Aley may apply to the Commission for reinstatement of his teaching 5 license on or after January 1, 2006. 6 Furthermore, if the license is reinstated, the Commission imposes four (4) year probation 7 upon Mr. Aley to commence the date of issuance of said license and subject to the following 8 special terms and conditions of probation: 9 1. Mr. Aley shall notify the Commission of any discipline imposed upon him by an 1O employing school district for any reason during the term of this probation; 11 2. Mr. Aley shall report in writing within ten days to the Executive Director of the 12 Commission any arrest or citation for any felony, misdemeanor, or major traffic violation; 13 3. Mr. Aley shall submit to the Commission the plan of ongoing treatment he will be ‘ taking throughout his probation for his chemical dependency condition as recommended by the 15 treating professional he has been using; 16 4. Mr. Aley shall submit to random urinalysis samples to an approved substance abuse 17 program on monthly basis specific to schedule 2 controlled substances; 18 5. Mr. Aley shall sign a medical release form and provide a copy of the release form to 19 the substance abuse program manager and to the Commission; 20 6. Mr. Aley shall report to the Commission every six (6) months during his probation, on 21 or before: (Dates to be determined once license is reinstated); and 22 7. Mr. Aley shall comply with the Standards for Competent and Ethical Performance of 23 Oregon Educators under Oregon Administrative Rules, Chapter 584, and Division 020. 24 Violation of any of the terms of probation shall constitute an independent basis O Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — ALEY 1 for the Commission to revoke Mr. Aley’s teaching license or othenivise impose Q discipline, afterfirst providing Mr. Aley with notice and opportunity for hearing. It is 3 Mr. Aley’s duty to proactively seek termination of the probation at end of the four years. 4 IT IS SO ORDERED this 073 day of May, 2005. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 ,. . ”///' / 7/ ' 7 By_,11.///;.(.1 ,l/ 11.. 44.11 8 ictoria Chamb ai xecutive Director I 9 Approved as to form: 1O 11 ’ 12 Margaret OI OSB#88135 13 Attorney for amuel Haskins Aley [0503051 Page 5 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — ALEY