1 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 ) FINAL ORDER OF
5 SHAWN CAMERON LALLY ) REPRIMAND AND PROBATION
6 On or about June 4, 2007, the Teacher Standards and Practices Commission
7 (Commission) received a report from Sherwood School District, indicating that Shawn Cameron
8 Lally (Lally) physically escorted a student out of the classroom where he then placed the student
9 against a locker.
10 After review of the matters alleged, Mr. Lally and the Commission agree that their
11 respective interests, together with the public interest, are best sewed by a stipulation to certain
12 facts and the imposition of a Public Reprimand.
13 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed. Mr. Lally 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, Mr. Lally 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 otherwise 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 Mr. Lally nor the Commission are bound by the terms herein; (iv) he has fully read
26 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
27 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
28 of the Stipulated Final Order below; (vi) he states that no promises or representation has been
Page 1 STIPULATION OF FACTS. FINAL ORDER OF REPRIMAND AND PROBATION -LALLY

1 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
2 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
3 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
4 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This
5 stipulation is contingent upon approval and adoption of the Order by the Commission. If the
6 Commission does not adopt this Order, neither Mr. Lally nor the Commission are bound by
7 these Stipulations and Mr. Lally retains all rights to a hearing on the allegations.
8 STIPULATION 0F FACTS
9 1. The Commission has licensed Mr. Laily since June ‘i 4, 1996. Mr. Lally currently holds a
10 Basic Teaching License authorized to teach Basic Advanced Mathematics and Basic
11 Physical Education, issued February 2, 2009 and valid through February 1, 2012.
12 2. On or about April 16, 2007, Laily was teaching a middle school math class. A male
13 student on an Individualized Education Plan (IEP), with the eligibility of “emotionally
14 disturbed" was disrupting the class. The IEP requires that teachers refrain from using
15 corporal punishment, any action that might result in injury to a child and maintain
16 emotional control and not act in anger. When asked to leave, the student did not follow
17 verbal instructions. Mr. Lally forcefully escorted the student out of his classroom by his
18 upper arm. Once outside of the classroom Mr. Lally grabbed the student by both arms
19 and pinned him against the wall. Witnesses to this event described Mr. Lally as being
20 out of control, angry, and described the student as calmer than Mr. Lally during this time.
21 Mr. Lally's actions left marks on the students arms that were visible as much as two
22 hours later.
23 3. Mr. Lally received a one day suspension from Sherwood School District for this incident.
24 IT - 0 STIPULATED AND AGREED T0:
25 4,71; 2.2-40, I W \ SQ Zj “/Q
26 S . ~ , sl.‘ / _ Date
27 fit," $44,!an awe/a
28 Vicr-er ' n Ex ' utive Director Date
29 Teacher Standards and Practices Commission
Page 2 STIPULATION OF FACTS, FINAL ORDER 0F REPRIMAND AND PROBATION -LALLY

1 CONCLUSION OF LAW
2 Shawn Cameron Lally's physical interaction of removing a student from is classroom,
3 whose IEP suggested avoiding such direction confrontation with the student, constitutes gross
4 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(d) (Unreasonable
5 physical force against students, fellow employees, or visitors to the school, except as permitted
6 under ORS 339.250), and OAR 584-020-0040(4)(n) as it incorporates OAR 584»020-0010(5)
7 (Use professional judgment). The Commission has the authority to impose discipline in this
8 matter under ORS 342.120 through 342.430 and OAR Chapter 584.
9 FINAL ORDER
10 The Commission adopts and incorporates herein the above findings of fact and
11 conclusion of law, based thereon, hereby imposes a Public Reprimand on the Basic Teaching
12 license of Shawn Cameron Laily. In addition the Commission imposes a one year probation
13 upon Mr. Lally subject to the following conditions:
14 1. Mr. Laily shall obtain anger management counseling and begin such treatment within
15 the first six months of his probation. Mr. Lally shall authorize and sign any consent forms as
16 necessary for the treatment provider or counselor to furnish records to or discuss Mr. Lally's
1 7 treatment with the Commission.
18 2. Mr. Lally shall comply with all Standards for Competent and Ethical Performance of
19 Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020.
20 3. Mr. Laily shall provide information as requested by the Commission to verify that he
21 has complied with the conditions of probation, including a statement from a future employing
22 district that he has complied with the Standards for Competent and Ethical Performance of
23 Oregon Educators.
24 ///
25 lll
Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION -LALLY

1 Violation of the terms of this probation may constitute an independent basis for the
2 Commission to impose discipline, up to and including revocation of Mr. Lally's teaching license
3 subject to Mr. Lally's right to a hearing on the issue of whether he violated probation.
4 Issued and dated this 5% day of November, 2010.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6 STATE OF GON
7 t
8 By W0
9 Victoria Chamb , xecutive Director
Paqe 4 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION -LALLY