1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) S'I'IPULATION OF FACTS AND

4 Teaching License 0f ) FINAL ORDER OF SUSPENSION

5 DANA EDWARD BASQUE ) OF LICENSE AND PROBATION

'6! On or about March 3o, 2011, the Teacher Standards and Practices Commission

8 (Commission) received information from the Oakland School District that Dana Edward

9 Basque (Basque) may have violated the Standards for Competent and Ethical
10 Performance of Oregon Educators.
1 1 After review of the matters alleged, Basque and the Commission agree that their
12 respective interests, together with the public interest, are best sewed by a stipulation to
13 certain facts and the imposition of a 90 day suspension and four (4) years of probation of
14 Basque’s Standard Teaching License.
15 By signing below, Basque acknowledges, understands, stipulates, and agrees t0
16 the following: (i) he has been fully advised of his rights to notice and a hearing to contest
17 the findings of fact, conclusions of law, and order set forth below, and fully and finally
18 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
19 Facts and Final Order of Suspension and Probation of License (Stipulation and Final
20 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the
21 public upon request to the Commission; (iii) this Stipulation and Final Order is
22 contingent upon and subject to approval and adoption by the Commission. If the
23 Commission does not approve and adopt this Stipulation and Final Order, then neither
24 Basque nor the Commission are bound by the terms herein; (iv) he has fully read this
25 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without
26 any force or duress, enters into this Stipulation and Final Order and consents to issuance
27 and entry of the Stipulated Final Order below; (vi) he states that no promise or
28 representation has been made to induce him to sign this Stipulation and Final Order;

Page 1 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION AND PROBATION-
BASQUE, DANA EDWARD

1 and (vii) he has consulted with an attorney regarding this Stipulation and Final Order
2 and has been fully advised with regard to his rights thereto, or waives any and all rights
3 to consult with an attorney prior to entering into this Stipulation and Final Order and
4 issuance and entry of the Stipulated Final Order below.
5 STIPULATION OF FACTS
6 1. The Commission has licensed Basque as a teacher in Oregon since July 29, 1988.
7 Basque currently holds a Standard Teaching license, issued on May 24, 2012, with
8 endorsements in Basic Integrated Science 020, Basic Reading 080, Standard Biology
9 020, and Standard Exceptional learner 018. Basque’s Standard Teaching License is
10 valid through May 23, 2017. During all relevant times, Basque was employed by the
1 1 Oakland School District. Basque retired from the District effective June 10, 2011.
12 2. On or about January 21, 2011, the Oakland School District received a complaint from
13 a substitute insmrctional assistant alleging poor classroom management in a special
14 education environment. Specifically, the complaint alleged that Basque had told
15 students to “Take these home and cry over them” when referring to student writing
1 6 assignments.
17 3. The District investigated the complaint but did not speak with all of Basque’s regular
18 instructional assistants about Basque’s general classroom management and
‘ 19 instructional approach. Basque cooperated in the District’s investigation and
2O acknowledged that while he should have used different words, he had only intended
21 his comments to remind students that they were capable of higher level work and to
22 encourage them to perform better. .
23 4. The District received no complaints regarding the comments from any student or
24 parent.
25 5. On March 7, 2011, the District issued Basque a written reprimand and a two day
26 suspension without pay. 1
27 6. Basque fully cooperated in the Commission’s investigation of the District's report.
28 IT IS SO S'I'IPULATED:
29 Jam Q. . in. .4 IO/I5/ZOI2
30 Ian. .awardBaseqtl ' Date
31 , . ‘ ' . r -_ -.
32 A] 4‘ $6241.) /() '01 .i r/£
33 ' 1 oria C .| 9- , Executive Director Date
34 Teacher Standards and Practices Commission
Page 2 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION AND PROBATION-
BASQUE, DANA EDWARD

1 CONCLUSION OF LAW
2 Basque’s conduct outlined above constitutes gross neglect of duty in violation of ORS
3 342.175(1)(b); OAR 584-02o-oo4o(4)(n) as it incorporates OAR 584~020-oo1o(1)(Recognize
4 the worth and dignity of all persons and respect for each individual) and OAR 584~020~
5 0010(5) (Use professional judgment).
6 ORDER
7 The Commission adopts and incorporates herein the above findings 0f fact and
8 conclusions of law, and based thereon, imposes a 90 day suspension of Dana Edward
9 Basque’s Standard Teaching License to be followed by a period of four (4) years of
10 probation.
1 1 During the term of probation, Basque shall comply with all of the Commission’s
12 statutes and rules regarding competent and ethical performance. Violation of a term or
13 condition of probation may constitute an independent basis for the Commission to
14 impose additional disciplinary sanctions, subject to Basque’s contested case hearing
1 5 rights.
16 Issued and dated this it‘ day of November, 2012.
1 7 TEACHER STANDARDS AND PRACTICES COMMISSION
18 STATE OF OREGON
28 By M éézéé é€6a7b
21 Victoria Chamberlain, ecutive Director
Page 3 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION AND PROBATION-
BASQUE, DANA EDWARD