‘ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the Teaching and ) 4 Personnel Service License of ) ) STIPULATION AND ORDER 5 PETER susr ) ) 6 7 On May l8, 2000, the Teacher Standards and Practices Commission (Commission) g issued a Notice of Opportunity for Hearing to Peter Susi in Which the Commission charged 9 Mr Susi with misconduct by having sexual contact With a 16-year old student. The 10 Commission proposed to suspend, revoke or otherwise impose discipline as provided under 1 1 ORS 342.177. Mr, Susi requested a hearing. The parties have now reviewed the matters ' 12 alleged in the notice and have agreed that their respective interests, together with the public 13 interest, are best served by a stipulation to certain facts and an order revoking Mr. Susi’s right 14 to apply for reinstatement of his teaching license, In entering this stipulation, Mr Susi 15 waives his right to a hearing, 16 This stipulation and order is contingent upon approval by the Commission at its next 17 scheduled meeting, If the Commission does not approve this stipulation and order, the matter 18 shall be scheduled for a hearing, and neither Mr. Susi nor the Commission shall be bound by 19 any matters contained in this stipulation and order. 20 STIPULATION AND FINDINGS 0F FACT 21 1. Mr Susi held a basic teaching license from approximately 1985 until 22 September 19, 1997, when his license expired. He held a basic personnel service license 23 from approximately June 1996 until July 9, 1999, when that license was suspended based on 24 Mr, Susi’s resignation from a teaching contract in violation of ORS 342,553. Mr. Susi does 25 not currently hold a teaching or personnel service license. v 26 / / / l ," Page 1 - STIPULATION AND ORDER JGM/tjh/GEN58816 Dc artmerrt oflustice l lg2 Court Street NE Salei 01197310 (soi'i 378-6003 . l 2. Mr. Susi was employed as a teacher for the Pendleton School District from 2 1986 to 1995 and as a school counselor for the Athena-Weston School District from August 3 1995 until March 30, 1999. 4 3. In about October or November 1998, Mr. Susi placed an ad on an internet web 5 site, indicating he was seeking a female for a sexual relationship. There is no evidence that 6 Mr. Susi used a school district computer or equipment for this purpose. 7 4. In January 1998, a 15-year old student of another school district, referred to 8 herein as TP, responded to Mr. Susi’s electronic message. TP told Mr. Susi that she was age 9 17. Mr. Susi did not pursue the matter at that time because of his understanding that TP was 10 a minor. 1n March 1998, TP again contacted Mr. Susi via the internet and informed him that 11 she had just celebrated her 18‘h birthday. Based on this information, Mr. Susi and TP 12 arranged to have a personal meeting. 13 5. Mr. Susi and TP met in Hermiston during the school spring vacation on March . 14 23, 1998, Susi and TP went to a park together where they had sexual contact. 15 6, Mr. Susi and TP were observed together by an Oregon State Police Officer. ‘ 16 Mr. Susi admitted to the officer that he and TP had been engaging in sexual activity. 17 Subsequently, Mr. Susi was charged with Sex Abuse in the Third Degree. Following a trial 18 to a judge in Umatilla County Circuit Court, Mr, Susi was acquitted of all charges on January l9 12, 2000, The basis for the acquittal was the judge’s finding that Mr. Susi had a reasonable 20 belief that TP was age 18 at the time of the event. 21 7. Aside from what TP told him, Mr. Susi made no effort to verify independently 22 whether TP was in fact age 18 years old and whether she was a student. TP was never his 23 student. 24 8. Mr. Susi acknowledges that he used extremely poor professional judgment in 25 this matter. Mr. Susi cooperated fully in the Commission’s investigation. ' 26 / / / Page 2 - STIPULATION AND ORDER JGM/tjh/GEN58816 3??‘333'21' £33511? “anneal: ' 1 9. Mr. Susi maintains and the Commission finds by a preponderance of the 2 evidence that Susi believed at the time that TP was 18 years of age. 3 CONCLUSIONS OF LAW 4 1. Mr. Susi violated OAR 584-020-0010(5) by using poor professional judgment 5 when he arranged a sexual liaison through the internet with a very young woman without 6 taking reasonable steps to ascertain whether the young woman was of legal age and whether 7 the young woman may have been a student, 8 2. Mr. Susi violated OAR 584-020-0640(4)(t) by engaging in sexual conduct ‘ 9 with a 16-year old student. i 10 IT IS SO STIPULATED: 11 12 flfi/Z 4 ' €- 0 (J Peter Susi Date l3 O 14 $64-11 kgkw with» David V. Myt n Date 15 Executive Director 16 DISCUSSION 17 Although the Commission does not find by a preponderance of the evidence that Mr. 18 Susi knowingly engaged in sexual conduct with a person under the age of 18, his actions 19 were very probably damaging to the young person and reflected very poorly on Mr. Susi’s 20 role as a school counselor. His actions also had a negative effect on the public image of the 21 school and the teaching profession, 1 22 Mr. Susi was acquitted of the crime of Sexual Abuse in the Third Degree. If he had 23 been convicted of that crime, the result would have been a permanent revocation of his 24 Oregon Teaching Licenses under ORS 342.175(1)(a). Under ORS 342.175(3), Mr. Susi Will 25 have the right to apply for reinstatement of his Oregon Teaching License or his Oregon . 26 Personnel Service License afler one year from the date of this order. Without interfering with Page 3 - STIPULATION AND ORDER JGM/tjh/GENSSSIS (503) 378-6003 . s . 1 the discretion of the Commissioners who would consider any application for reinstatement 2 and without making specific assurances to Mr. Susi, the Commission would expect at a 3 minimum that Mr. Susi would demonstrate through a qualified professional that he presents 4 no danger to students, and that there is a high probability that he would not engage in similar 5 misconduct or other unprofessional conduct in the future. 6 ORDER 7 The right of Peter Susi to apply for reinstatement of his Oregon Teaching License or 8 his Oregon Personnel Service License is hereby revoked. 9 DATED thisji {12:1 of September 2000. 10 TEACHER STANDARDS AND PRACTICES COMMISSION By: M 12 David V. Myton, Executive irector 13 O 14 t 15 16 17 18 19 20 21 22 23 24 25 . 26 Page 4 - STIPULATION AND ORDER JGM/tjh/GEN58816 (503) 378-6003