4124» 42 1 JUNO 2 2214 i 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAN D 5 DONALD SONNY SANDS ) AND PROBATION E75 On May 28, 2013, the Teacher Standards and Practices Commission 8 (Commission) received a report from the Rogue River School District alleging 9 professional misconduct on the part of licensed educator, Donald Sonny Sands (Sands). 1 O After review of the matters alleged, Sands and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts and the imposition of a Public Reprimand and two years of probation. 13 This Order sets forth the facts upon which the parties have agreed and the 14 sanction to be imposed. Sands stipulates that there are sufficient facts contained in the 15 Commission’s files and records t0 support the findings of fact and conclusions of law set A 16 forth below. In entering into this stipulation, Sands waives the right to a hearing to 17 contest the findings of fact, conclusions of law and order set forth below. 18 By signing below, Sands acknowledges, understands, stipulates, and agrees to the 19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 20 findings of fact, conclusions of law, and order set forth below, and fully and finally 21 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 22 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 23 this Stipulation and Final Order is a public document and disclosed to the public upon 24 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 25 subject to approval and adoption by the Commission. If the Commission does not 26 approve and adopt this Stipulation and Final Order, then neither Sands nor the 27 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 28 Final Order, and understands it completely; (v) he voluntarily, without any force or 29 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 3O the Stipulated Final Order below; (vi) he states that no promise or representation has 31 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 32 consulted with an attorney regarding this Stipulation and Final Order and has been fully 33 advised with regard to his rights thereto, or waives any and all rights to consult with an 34 attorney prior t0 entering into this Stipulation and Final Order and issuance and entry of 35 the Stipulated Final Order below. Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — SANDS, DONALD 1 STIPULATION OF FACTS 2 1. The Commission has licensed Sands since March 31, 1989. Sands’ Basic Teaching 3 License, with an endorsement in Basic Advanced Mathematics (018), issued on 4 December 3, 2013, expires on December 2, 2016. During all relevant times, Sands 5 was employed by the Rogue River School District. 6 2. On May 28, 2013, the Commission received a report from the Rouge River School 7 District indicating that Sands may have violated professional standards by 8 displaying inappropriate conduct in the classroom. 9 3. Commission investigation determined that on May 17, 2013, while substitute 1 1O teaching a physical education class at the Rogue River J unior/Senior High 11 School, Sands made inappropriate comments to students. According to school 12 district officials, Sands asked a non-white student, “Do you speak English or are 13 you an idiot?” Nearby students reported Sands also stated to the student that he 14 should “Go back where he came from”. When questioned by a school 15 administrator and the commission’s investigator, Sands confirmed that he did 16 ask the student if he spoke English but denied asking if he was an idiot and telling I 17 him he should go back where he came from. Multiple student witnesses 18 contradict Sands’ denials. Student statements further indicate Sands also verbally 19 bullied a student assistant for the class (BS) to the point she left the class crying 20 uncontrollably. 21 / / / 22 IT IS SO STIPULATED: $3 gagliémég $2242 SQ aria 25 DOZZOHIW San; . Da e 2? / ' ' M) é “VV/é 28 Victoria n, Executive Director Date _ 29 Teacher Standards and Practices Commission 3O 31 CONCLUSION OF LAW 32 The conduct described above constitutes gross neglect of duty in violation of ORS 33 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(1) 34 (Recognize the worth and dignity of all persons and respect for each individual), OAR 35 584-020-0010(5) (Use professional judgment); OAR 584-020-0020(2)(d)(Skill in the Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — SANDS, DONALD 4—_———_—_— 1 supervision of students), and OAR 584—o2o-0030(2)(b) (Skill in communicating with 2 administrators, students, stajf, parents, and other patrons). 3 4 The Commission’s authority to impose discipline in this matter is based upon 5 ORS 342.175. 6 7 ORDER 8 Based on the foregoing, the Commission hereby orders as follows: 9 1. The Commission adopts and incorporates herein the above findings of fact and 1O ~ conclusions of law, and based thereon, imposes a Public Reprimand on 11 Donald Sonny Sands’ Educators License; 12 13 2. Sands is hereby placed on probation for a period of two (2) years from the date 14 this order is signed by the Commission subject to the following conditions: 1 5 16 a. Sands will complete training in cultural competency, as approved by the 17 Commission. ' 18 b. Sands shall comply with the Standards for Competent and Ethical 19 Performance of Oregon Educators under Oregon Administrative Rules 2O Chapter 584, Division 020. 1 21 22 Violation of any term or condition of probation shall constitute an independent basis 23 for the Commission to revoke Sands’ teaching license, revoke his right to apply for a 24 license, or otherwise impose discipline, after first providing Sands with notice and 25 opportunity for hearing. 26 V4’!- 27 Issued and dated this i day of August, 2014. 28 TEACHER STANDARDS AND PRACTICES COMMISSION 29 STATE OF OREGON 3O - 31 B MVP/M 32 Victoria Chamberlain, Executive Director Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — SANDS, DONALD CERTIFICATE OF MAILING I HEREBY CERTIFY that l served the foregoing Stipulation of Facts and Final Order of Reprimand and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Donald Sonny Sands 4404 Foothill Boulevard Grants Pass, OR 97526-4244 DATED this [4 fliiay of August, 2014. By: Pa 1ddell Investigative Assistant CERTIFICATE OF MAILING - SANDS, DONALD SONNY