‘ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 KODIAK JACK MALMSTROM ) AND PROBATION 6 On or about October 29, 2003, the Teacher Standards and Practices 7 Commission (Commission) received a report from Colt Gill, Assistant Superintendent, 8 South Lane School District. indicating that Kodiak Jack Malmstrom (Malmstrom) had 9 been arrested for Driving Under the Influence of lntoxicants and had a prior conviction 1O for Disorderly Conduct. 11 After review of the matters alleged, Mr. Malmstrom and the Commission agree 12 that their respective interests, together with the public interest, are best served by a ‘ stipulation to certain facts, the imposition of a Reprimand and a three year (3) probation. 14 This Order sets forth the facts upon which the parties have agreed and the 15 sanction to be imposed. Mr. Malmstrom stipulates that there are sufficient facts 16 contained in the Commission's files and records to support the findings of fact and ' 17 conclusions of law set forth below. In entering into this stipulation, Mr. Malmstrom 18 waives the right to a hearing to contest the findings of fact. conclusions of law and order 19 set forth below. Mr. Malmstrm understands that the probation with be subject to specific 20 conditions. 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. Malmstrom nor 23 the Commission are bound by these Stipulations and Mr. Malmstrom retains all rights t0 d a hearing on the allegations. ngafrifi‘: l OCT 0 5 2004 IZ 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MALMSlTRggilcbestiirrjrjléiiiwl . STIPULATION OF FACTS 2 1. The Commission issued Mr. Malmstrom’s current Restricted Transitional 3 Teacher License on August 27, 2002, valid until August 27, 2005, with endorsements in 4 Health Education and Physical Education. 5 2. Mr. Malmstrom was employed as a health/PE teacher and coach by the 6 South Lane School District for the years 2002-2003 and 2003-2004. He resigned 7 effective the end of the 2003-2004 school year. 8 3. On June 2, 2003, Mr. Malmstrom pled guilty, and was convicted, of a 9 disorderly conduct violation resulting from a fracas which occurred in or outside a tavern 1O on the Oregon coast. At the time of the conduct, Mr. Malmstrom was not supervising 11 minors nor in any official or unofficial teaching or coaching capacity. ‘ 4. On or about October 17, 2003, Mr. Malmstrom was arrested for Driving Under 13 the Influence of lntoxicants (alcohol). Mr. Malmstrom was granted Diversion in 14 Cottage Grove Municipal Court for DUII. As a requirement of Diversion, Mr. Malmstrom 15 completed the Discovery Program through ACES Counseling Center. 16 5. Mr. Malmstrom acknowledges that his behavior described above was 17 inappropriate and accepts responsibility for his conduct. 18 ITIS O TIP Ll/VIED: . 19 [i Zglg M; : QMKBCDTOEI 20 Kodiak Malmstrom Date 21 ' 22 W2 Q ~'/ 70% 23 Victoria ‘rlain, Executive Director Date 24 Teacher Standards and Practices Commission O 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MALMSTROM . CONCLUSIONS OF LAW 2 Mr. Malmstrom’s repeated violations of the law are of particular concern given 3 that he was employed as a health teacher whose assignment may have included 4 teaching anti-drug curriculum. By Driving Underthe Influence of lntoxicants on 5 October 17, 2003, Kodiak Malmstrom engaged in an act constituting criminal conduct in 6 violation of OAR 584-020-0040(5)(e). Kodiak Malmstrom’s conviction for Disorderly 7 Conduct violates OAR 584-020-0040(5)(c).. This misconduct constitutes Gross 8 Unfitness. The Commission's authority to impose discipline in this matter is based upon 9 ORS 342.175. 10 /// 11 /// ‘ /// O 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MALMSTROM . ORDER 2 The Commission adopts the above stipulation of facts and imposes a Public 3 Reprimand upon Mr. Malmstrom. This Stipulation of Facts, Order and Probation 4 constitute the Reprimand. 5 Furthermore, the Commission imposes a three (3) year probation upon 6 Mr. Malmstrom subject to the following terms and conditions: 7 1. Mr. Malmstrom shall at his own initiative and expense, continue to obtain 8 treatment for his alcohol dependency as recommended by his alcohol treatment 9 provider; 10 2. During the period of this probation, Mr. Malmstrom shall comply with the terms 11 of the treatment and aftercare plans. Mr. Malmstrom shall abstain from the ‘ consumption of alcohol; 1 13 3. During the period of his probation, Mr. Malmstrom shall submit to the 14 Executive Director of the Commission reports of his compliance with the treatment plan 15 and this probation. Mr. Malmstrom shall provide these reports every six (6) months 16 during his probation, on or before: January 1, 2005; July 2, 2005; January 1, 2006; July 17 2, 2006; January 1. 2007: and July 2, 2007; 18 4. Mr. Malmstrom shall report in writing within ten days to the Executive Director 19 of the Commission any arrest or citation for any felony, misdemeanor, major traffic 2O violation or violation of criminal probation; and 21 5. Mr. Malmstrom shall comply with all Standards for Competent and Ethical 22 Performance under Oregon Administrative Rules Chapter 584, Division 020. O 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MALMSTROM . If Mr. Malmstrom does not comply with all terms and conditions of this 2 probation, based on the reports of his treatment provider or as otherwise determined by 3 the Executive Director, he shall be in violation of this probation. Violation of a term or 4 condition of this probation may constitute an independent basis for the Commission to 5 impose discipline, up to and including revocation of Mr. Malmstrom‘s licensure subject 6 to Mr. Malmstrom‘s right to a hearing on the issue of whether he violated probation. f’ t’, 7 IT IS SO ORDERED this Z- LZ_ day of July, 2004 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 . I/ r 10 By t 72/%ZW7V€/M 11/62‘. $411 11 Victoria Chambe ain, Executive Director 12 14 APPROVED AS TO FORM 15 16 Barbara J. Diamond, OSB# 85039 17 Attorney for Kodiak Malmstrom [0617041 18 RECER? f . OCT 0 5 tactic as ‘Sc cm“ < 5 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MALMSTROM Li-'-°;