RECEIVED 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION NOV 1 0 ZUIU 2 OF THE STATE OF OREGON ggacggggsgg'gggggg, 3 ln the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 WILLIAM DALE THOMASON ) AND PROBATION 6 On or about April 23, 2010, the Teacher Standards and Practices Commission 7 (Commission) received a report from the High Desert Education Service District, indicating that 8 William Dale Thomason (Thomason) made inappropriate comments, including racial comments 9 to students. 10 After review of the matters alleged, Thomason and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts and the imposition of 30 day suspension and one year probation. 13 This document sets forth the facts upon which the parties have agreed and the 14 stipulated sanction to be imposed. Thomason stipulates that there is sufficient evidence in the 15 Commission's files and records to support the findings of fact, conclusions of law, and order set 16 forth below. 17 By signing below, Thomason acknowledges, understands, stipulates, and agrees to the 18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 20 such rights and any rights to appeal or othenivise challenge this Stipulation of Facts, Order of 21 Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 22 public document and disclosed to the public upon request by the Commission; (iii) this 23 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 25 then neither Thomason nor the Commission are bound by the terms herein; (iv) he has fully 26 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without 27 any force or duress, enters into this Stipulation and Final Order and consents to issuance and 28 entry of the Stipulated Final Order below; (vi) he states that no promise or representation has Page 1 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -THOMASON 1 been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with 2 an attorney regarding this Stipulation and Final Order and has been fully advised with regard to 3 his rights thereto, or waives any and all rights to consult with an attorney prior to entering into 4 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 5 This stipulation is contingent upon approval and adoption of the Order by the Commission. If 6 the Commission does not adopt this Order, neither Thomason nor the Commission are bound 7 by these Stipulations and Thomason retains all rights to a hearing on the allegations. 8 STIPULATION OF FACTS 9 1. The Commission has licensed Thomason since October 29, 2981. Thomason currently 10 holds a Substitute Teaching License issued October 27, 2007 and valid through October 11 26, 2010. During all relevant times Thomason worked as a substitute teacher with the 12 High Desert Education Service District. 13 2. On April 19, 2010 you made the following comments that: 14 a. During roll call you called one female student's name repeatedly. 15 b. You compared a piece of green candy to the color of the same female 16 student's hair. 17 c. You took a water bottle from the same female student's desk, announced to 18 the class that you needed to smell it. You then announced that the liquid 19 smelled like bourbon. You then replaced the water bottle on the student's 20 desk. 21 d. You commented that the students at Marshal High School were there 22 because their parents use drugs or were divorced. 23 3. Thomason commented to an African American student: “Now don't take offense, but you 24 are only strong, fast and can jump high because you are black, ” or words to that effect. 25 l // 26 / // 27 / // Page 2 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -THOMASON 1 4. During the Commission's investigation of these incidents, Thomason expressed difficulty 2 relating to a new generation of students and expressed an interest in taking classes or 3 training to gain greater cultural competency and sensitivity. 4 lT IS SO S U TED AND AGREED TO: 5 Q? $2 22 UL‘, [l'7'lQ 6 Wil ' ale Thom , Date Mglfflw 2 .2- a 8 ictoria Ch rlain, E ecutive Director Date 9 Teacher Standa Practices Commission 10 CONCLUSION OF LAW 11 William Dale Thomason made inappropriate comments to students. This conduct 12 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as 13 it incorporates OAR 584—020-0010(1)( Recognize the worth and dignity of all persons and 14 respect for each individual), OAR 584-020-0010(5) (Use of professional judgment) and OAR 15 584-020-0030(2)(b) (Skill in communicating with administrators, students, Staff, parents, and 16 other patrons). The Commission has the authority to impose discipline in this matter under ORS 17 342.120 through 342.430 and OAR Chapter 5'84. 1 8 / / / 1 9 / / / 20 /// 21 /// 22 /// 23 /// 24 /// 25 l/l 26 /// 27 /// 28 /// 29 l/l Page 3 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -THOMASON 1 FINAL ORDER 2 The Commission adopts and incorporates herein the above findings of fact and 3 conclusions of law, based thereon, hereby imposes a 30 day suspension and one year 4 probation on the licensure of William Dale Thomason. Thomason will be placed on probation 5 beginning from the date this order is issued, subject to the following conditions: 6 1. Thomason will, at his own expense, attend cultural sensitivity training classes approved 7 by the Commission. 8 2. Read the book, “We Can't Teach What We Don't Know" and prior to the end of the 9 probation period, provide a summary of the book to the Commission. 10 3. Thomason shall comply with the Standards for Competent and Ethical Performance of 11 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 12 Violation of any term of probation shall constitute an independent basis for the 13 Commission to revoke Thomason’s license or otherwise impose discipline, after first 14 providing Thomason with notice and opportunity for hearing. 15 Issued and dated this #f/lday of November, 2010. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 STATE OF OREGON 18 .1 .7 19 '3wa 20 |ctoria Ch.“ w Executive Director Page 4 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -THOMASON