C l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
2 In the Matter of the )
3 Teaching License of: ) STIPULATION OF FACTS,
) PUBLIC REPRIMAND, AND
4 MICHAEL GORDON ) ORDER OF PROBATION
5 )
6 The Teacher Standards and Practices Commission (the
7 "Commission") has considered whether to revoke, suspend or
8 otherwise impose discipline on Michael Gordon ("Gordon") under
9 ORS 342.177 based upon certain conduct that occurred during his
10 teaching tenure. The Commission and Gordon have now reviewed the
ll matters alleged and have agreed that their respective interests,
12 together with the public interest, are best served by entering
13 into an Order consisting of a Public Reprimand and three years’
14 Probation based upon the following Stipulation of Facts. In
15 entering into this Stipulation, Gordon waives his right to a
16 hearing. This agreement sets forth the facts upon which the
l7 parties have agreed and the Commission's Order of Reprimand and
18 Probation.
l9 FINDINGS OF FACT
20 Gordon agrees and stipulates that evidence in the record
21 exists to support the following Findings of Fact by the Commission:
22 V l. Gordon was first employed by the Prospect School
’ 23 District as a social studies teacher for the 1981-82 school year.
24 During this tenure, Gordon has also coached various sports as a
25 head coach and assistant coach. He holds a standard license with
26 an endorsement in social studies.
4 PAGE l —STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION

. 1 2. During the period of 1991-1996, Gordon engaged in a

' 2 history of inappropriate physical contact with his students as

3 illustrated by the following conduct:
"qnér

4 a. Picking up ion-in students in a "wrestling" move
5 by placing his hands around their necks and between their legs
6 and lifting them up over his head:
7 b. ."Cracking" a-ééfiiie student's backk and
8 c. Touching female students in ways that later caused
9 them concern.
10 3. During the period 1991-1996, Gordon engaged in a
11 pattern of inappropriate verbal comments to his students that the
12 students found to be offensive such as asking a female student
13 during class, "what are the three fastest ways of communication

‘14 in the old west," and then responding, "telegraph, telephone or
15 tell a woman."
16 4. An anonymous complaint to the police about Gordon's
17 conduct during the summer of 1996 resulted in Gordon's arrest on
18 September 3, 1996. On September 6, 1996, Gordon was charged with
19 thirteen counts of Sexual Abuse in the Third Degree and
20 Harassment based on his conduct with various students.
21 5. Gordon was terminated from his employment with the
22 Prospect School District on November 20, 1996.
23 6. On February 7, 1997, Gordon was acquitted of all
24 criminal charges.
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26 ///

' PAGE 2 —STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION

' 1 7. Gordon grieved his termination. On November 24, 1997,
2 an Arbitrator ruled that although the District did not have just
3 cause under the collective bargaining agreement to terminate
4 Gordon, the District did have just cause to suspend Gordon for
5 thirty calendar days.
6 8. On February 2, 1998, Gordon was reinstated to his
7 teaching position in the Prospect School District.
some W . .
8 9. Gordon acknowledges that many interactions With
9 students caused offense, and he has agreed not to engage in
10 similar conduct in the future.
11 Gordon enters into this Stipulation of Facts with the
12 knowledge that TSPC wiIl adopt an Order of Public Reprimand and
13 place him on three (3) years’ Probation. This Stipulation is
‘14 contingent upon the approval and adoption of the Order by the
15 Commission. If the Commission does not adopt this Order, neither
16 Gordon nor the Commission are bound by these stipulations and he
17 retains all rights to a hearing on the allegations.
18 ‘
IT IS SO STIPULATED:
l9
2° €Z§44¢Z i QM gar/3g
21 Mic ae Gor on Date
22 ’
23 §ffffjl ézhzlqw 7//é/7f
David V. My on, Executive Secretary Date
24 Teacher Standards and Practices Commission p
25 ///
26 ///
t PAGE 3 —STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION

' 1 CONCLUSIONS OF LAW
2 The conduct described in paragraphs 3 and 4 of the Findings
3 of Fact constitutes gross neglect of duty as that term is defined
4 under ORS 342.175(l) and OAR 584-20-040.
5 OPINION
6 In imposing this discipline, instead of a more severe
7 sanction, the Commission takes into account the following
8 factors: Much of the misconduct occurred more than five years
a 9 ago; Gordon has agreed not to engage in similar conduct in his
10 interaction with students in the future; and Gordon has already
11 incurred a 3O day suspension without pay from his employment in
12 the arbitration proceeding. Gordon will be placed on probation
13 for three years, and the Commission will be in a position to
‘14 impose other sanctions, including revocation if Gordon again
15 engages in inappropriate behavior towards students.
16 ORDER
17 The Commission issues a Public Reprimand to Gordon and this
18 Order constitutes the Reprimand for his inappropriate conduct
19 with students. The Commission shall place Gordon on Probation
2O for three (3) years from the date of this Order. While on
21 probation, Gordon shall:
22 1. Conduct himself as a law abiding citizen and notify
23 TSPC within 3O (thirty) days if he is arrested or
24 charged with any crime;
25 ///
26 ///
‘ PAGE 4 ~STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION

' 1 2. Document to TSPC within six months of the date of this
2 Order that he has attended a course or workshop on
3 sexual harassment; and
4 3. Abide by all Commission requirements, including but not
5 limited to, those articulated in OAR 584, Division 20.
6 Violation of any terms of probation shall constitute a basis for
7 the Commission to revoke Gordon's license, after first providing
8 to Gordon notice and an opportunity for hearing.
9 DATED this Z Z/Lday of July 1998.
10 TEACHER STANDARDS AND PRACTICES COMMISSION
ll ,
12 By: éwé £24 2 him
David V. Myton, Executive Director
l3 Approved as to Form:
‘ 14
15 t; .
16 M Date 9‘
Attorney for Gordon
17
18
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20
21
22
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24
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26 tjh/KMG/JGGllB7E
. PAGE 5 —STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION