l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION i, 2 OF THE STATE OF OREGON ' ' 3 In the Matter of the STLPULATION OF FACTS, Administrative & Teaching License of PUBLIC REPRIMAND AND 4 JON ALVIN BEISENI-IERZ PROBATION 5 6 On or about September 24, 1998, the Teacher Standards and Practices Commission (the 7 “Commission”) issued a Notice of Opportunity for Hearing to Jon Alvin Beisenherz (Beisenherz) 8 in which the Commission proposed to suspend or revoke his teaching license or otherwise 9 impose discipline under ORS342.177 based upon misrepresentations on his TSPC application 10 form and inappropriate contact with a student‘ The Commission and Beisenherz have now _ II reviewed the matters alleged and agree that their respective interests, together with the public 12 interest, are best served by a stipulation to certain facts, a public reprimand of Beisenherz and the 5 13 imposition of a two-year probation. This agreement sets for the facts upon which the parties ' l4 have agreed and the sanctions to be imposed. In entering into this Stipulation, Beisenherz 15 waives his right to a hearing to contest any of the findings set forth below or to contest the '. 16 Commission’s Order of Suspension and Probation. 17 FINDINGS 0F FACT 18 - . l. Beisenherz was employed as the Principal of North Lake High School in Silver Lake ' ' l9 fi'om September, 1994 through June, 1998. On November l7, 1997, he resigned that position in lieu of termination for alleged misconduct in the form of inappropriate, non- 20 sexual touching of a female student effective in June, 1998. 21 2t On October 4, 1995, Beisenherz received a directive from the Superintendent of North Lake School District, Mr. Jim Chapman, to not touch students unless it was to stop a 22 fight or to investigate an injury 23 , / Page l ~ STTPULATION 0F FACTS, PUBLIC REPRIMAND AND PROBATION . ETD Iljh/GEN06900 Department oflustiee 1162 Court Street NE Salem, OR 97310 ($03) 3786003 l 3. On or about October 3, 1997, Beisenherz inappropriately touched JB, a female high school student, in a non-sexual way in spite of the directive from Superintendent ‘ . 2 Chapman. ‘ 3 4‘ On November 18, 1997, Beisenherz signed and dated a C-l Application Form to TSPC I and answered “no” to Character Question D l. “Have you ever left any educational or 4 school-related employment, voluntarily or involuntarily, While the subject of an inquiry, review or investigation of alleged misconduct or unsatisfactory service or when you 5 have reason to believe such investigation was imminent?” Beisenherz submitted a resignation to North Lake School District dated November l7, 1997, in lieu of 6 termination for alleged misconduct. 7 Beisenherz enters into this Stipulation of Facts with knowledge that the Commission will 8 publicly reprimand him and place him on two years probation. This Stipulation is contingent 9 upon approval and adoption of the Order by the Commission. Ifthe Commission does not adopt 10 this Order, neither Beisenherz nor the Commission are bound by these Stipulations and 7 11 Beisenherz retains all rights to a hearing on the allegations. 12 IT IS so STIPULATED: . , -' . 13 , _. . . .. . .. l4 " . knew 542211412. - Y’ ~ ~ ~ A. Beisenherz Date 15 L ~ mm 17 David V. Myt n Date 18 CONCLUSIONS OF LAW 19 Beisenherz’ actions set forth above constitute a violation of OAR 584-020-0040(4)(n) 20 and (4)(c). 21 22 23 .Bage 2 — STIPULATION OF FACTS, PUBLIC REPRIMAND AND PROBATION ETD.tjh/GEN06900 Department ofllmtics 1162 com smma Salem,0R 97310 (503) 378-6003 1 ORDER . . 2 The Commission adopts the above Findings of Fact and publicly reprimands Beisenherz. ' 3 Beisenherz will be on probation for a period of two years from May 15, I999, subject to the 4~ following terms: 5 l. Beisenherz shall comply with the standards for ethical and competent performance of 6 Oregon educators. 7 2. Beisenherz shall comply with all laws and report to the Executive Director any arrests, diversions, civil compromises, or pleas within ten days of occurrence. 8 3. Beisenherz shall comply with all employer rules, policies and directives relating to 9 teacher or administrator contact with students. 10 4. Beisenherz shall report to the Executive Director within ten days any employer V investigations of possible misconduct or any discipline received from any public school 11 employer that is reportable to the Commission. 12 5. Beisenherz shall repeat the TSPC required workshop on Discrimination and the Oregon Educator. > 013 ' 6. Beisenherz will provide to the Commission such information as requested to verify that l4 he has complied with the conditions of probation, including a statement fi'om his employing district that he has complied with the standards for competent and ethical 15 performance and with the terms of this probation. . '. 16 7. Violation of the terms of this probation shall constitute independent basis for the Commission to impose other disciplinary sanctions upon Shields after first giving notice 17 and opportunity for hearing. 18 DATED this g ii'day of flf Z 1999. . l9 TEACHER STANDARDS AND PRACTICES COMMISSION c 20 By: é éMéé I‘ l f I 21 David V. Myton, Executive Director 22 23 ‘age 3 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND PROBATION ETijh/GEN06900 Department OquStice 1162 Cour! Street NE Salern,OR 973w ($03) 3784003 ' l