1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REPRIMAN D 6 ROLF ALAN ADAMS ) 7 8 9 On January 9, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Rolf Alan Adams (Adams) in which the 1 l Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First ‘ 12 Class Mail and U.S. Certified Mail Receipt 7014 0150 oooo 6070 0441 to the address 0n file 13 with the Commission. The Notice designated the Commission file as the record for purposes l 14 of proving a prima facie case. The Certified Mail receipt was returned to the Commission ‘ 15 “signed” on January 14, 2015. The first class mail was not returned to the Commission. The l6 Notice of Opportunity of Hearing, dated January 8, 2015, and signed by Victoria l7 Chamberlain, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Adams did not request a hearing. The Commission, therefore, finds Adams to be in default 27 and enters the following findings of fact, conclusions of law, and final order, based on the 28 files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. The Commission has licensed Adams since September 09, 1993. Adams holds a 31 Substitute Teaching License, with an endorsement in Substitute Any Specialty (PP- 32 12), valid from November 30, 2014, through November 29, 2017. Adams previously 33 held a Basic Teaching License, with an endorsement in Basic Advanced Mathematics 34 (019), valid from November 8, 2011, until it expired on November 29, 2014. During 35 all relevant times, Adams was employed as a substitute teacher by the Reynolds 36 School District. 3 7 PAGE 1-DEFAULT ORDER OF REPRIMAND- ROLF ALAN ADAMS l 2. On June 10, 2014, the Commission received a report from the superintendent of the 2 Reynolds School District indicating that Adams had violated professional standards. 3 School district investigation determined Adams engaged inappropriate physical 4 contact with a student that caused the student pain. As a result, the school district 5 removed Adams from their substitute teacher list. 6 7 3. Commission investigation determined that on or about April 8, 2014, Adams was 8 substitute teaching at the Hartley Elementary School for a second grade classroom. 9 During Adams’ instruction, Adams told the students that if he gestured by shaking 10 his fists in the air or made a choking gesture with his hands, that he was not 11 threatening them, that is just how he communicates. Adams discussed the topic of 12 fighting with the classroom. Adams explained to the six and seven year old students 13 that an alternative to a fist fight was to use wrestling techniques to pin or control 14 someone. Adams selected MH as a student to demonstrate such a wrestling move 15 upon. MH was a Farsi speaking refugee from Afghanistan whose surviving family 16 had escaped to asylum in America. MH spoke little to no English and could not 17 understand Adams’ actions. Adams physically applied the wrestling move to MH, 18 resulting in Adams manipulating MH by the head and neck and pinning MH to the 19 ground for several seconds. MH panicked and attempted to escape the hold. Once 20 released, MH retreated to his desk, put his head down and cried. When later 21 interviewed with an interpreter, MH complained of being scared and in pain as a 22 result of Adams’ actions. Adams was not aware of MH’s unique background and j 23 language barrier prior to engaging in these activities. i 24 25 CONCLUSIONS OF LAW 26 Rolf Alan Adams engaged in unprofessional conduct as described above. This 27 conduct constitutes Gross Neglect of Duty in violation ORS 342.175(1)(b); OAR 584-020- 28 0040(4)(n) as it incorporates OAR 584-020-0020(0010(1)( Recognize the worth and 29 dignity of all persons and respect for each individual), OAR 584—020-0010(5) (Use 3O professional judgment), OAR 584-020-002o(2)(d)(Skill in the supervision of students), 31 OAR 584-020-0030(2)(b) (Skill in communicating with administrators, students, stafl, PAGE 2-DEFAULT ORDEROF REPRIMAND- ROLF ALAN ADAMS 1 parents, and other patrons), OAR 584-020-0025(2)(e)(Using district lawful and 2 reasonable rules and regulations); and OAR 584-020-0040(4)(d) (Unreasonable physical 3 force against students, fellow employees, or visitors to the school, except as permitted 4 under ORS 339.250). 5 6 The Commission’s authority to impose discipline in this matter is based upon ORS 7 342.175. 8 FINAL ORDER 9 The Commission hereby issues a Public Reprimand upon Rolf Alan Adams’ Educator 10 licensure. 1 1 . 414. 12 IT IS SO ORDERED THIS l (Q day of March, 2015. 13 TEACHER STANDARDS AND PRACTICES COMMISSION l4 By: _— 15 Victoria Chamberlain, Executive Director 16 l7 NOTICE OF APPEAL OR RIGHTS i 18 l9 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 20 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 21 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE ‘ 22 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REPRIMAND- ROLF ALAN ADAMS 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: ' Rolf Alan Adams 7016 NE 75th Street Vancouver, WA 98661-1629 Dated this ((Q day of March, 2015. By. W Pa ldde Investigative Assistant l PAGE 1- CERTIFICATE OF MAILING- ROLF ALAN ADAMS