1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) 5 Teaching License of ) DEFAULT ORDER OF 6 THEODORE ALEXANDER CHISM ) PUBLIC REPRIMAND 7 _ 8 9 On March 24, 2010, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Theodore Alexander Chism 11 (Chism) in which the Commission charged him with Gross Neglect of Duty pursuant to 12 OAR 584-020-0010(5) and OAR 584-020-0040(4)(d). The Notice was sent via U.S. 13 First Class Mail and U.S. Certified Mail Receipt 7009 1410 0002 1925 4737 to the 14 address on file with the Commission. The Notice was signed for by Mr. Chism on 15 March 26, 2010. The Notice of Opportunity of Hearing, dated March 24, 2010, and 16 signed by Victoria Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE." 24 25 Mr. Chism did not request a hearing. The Commission, therefore, finds Mr. Chism to be 26 in default and enters the following findings of fact, conclusions of law and order, based 27 on the files and records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. The Commission has licensed Mr. Chism since September 30, 1975. He 30 currently holds a Standard Teaching License issued January 4, 2009, that 31 expires January 3, 2014, with endorsements in Basic Language Arts and Basic PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND - THEODORE ALEXANDER CHISM 1 Social Studies. During all relevant times, Mr. Chism was employed by the 2 Reedsport School District. 3 2. On May 28, 2008, Mr. Chism roughly grabbed and restrained, by their clothing, 4 two seventh-grade male students. On the same day, Mr. Chism roughly grabbed 5 another male student by the wrist. These two incidents occurred after an 6 October 26, 2007 verbal directive that Mr. Chism avoid touching students except 7 in specific safety situations. On June 11, 2008, he received a written directive to 8 refrain from touching students or treating them roughly. 9 3. On May 11, 2009, Mr. Chism grabbed a male student by the arm and forcefully 10 removed the student from the classroom. The student indicated that he felt pain 11 where Mr. Chism held his arm. 12 CONCLUSIONS OF LAW 13 Theodore Alexander Chism's rough handling of two students on May 28, 2008, 14 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 15 0040(4)(n) as it incorporates OAR 584-020-0030(3)(d) (Skill in reconciling conflict). Mr. 16 Chism's physical conduct with a student on May 11, 2009, constitutes gross neglect of 17 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(d) (Unreasonable 18 physical force against students, fellow employees, or visitors to the school, except as 19 permitted under ORS 339.250). The Commission's authority to impose discipline in this 20 matter is based upon ORS 342.175. 21 / / / 22 / / l 23 / // 24 // / 25 // / 26 / / / PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND —THEODORE ALEXANDER CHISM 1 FINAL ORDER 2 The Commission hereby imposes a Reprimand on Theodore Alexander Chism‘s 3 educator license. 2% 4 IT IS SO ORDERED THIS /Z day of May, 2010. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 r 7 s B - mo 9 Victoria C m erlain, Executive Director 10 ll 12 13 14 NOTICE OF APPEAL OR RIGHTS 15 16 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 17 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 18 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 19 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 20 PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION - THEODORE ALEXANDER CHISM i .. - -.-..L L l CERTIFICATE OF MAILING _ I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Theodore Alexander Chism PO Box 5889 Charleston OR 97420 Q” Dated this day of July 2010. By: W 44/0/441%/4J Mel dy Han a ' Exe 'e A . nt PAGE 1- CERTIFICATE OF MAILING—THEODORE ALEXANDER CHISM