I BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER 5 Teaching License of ) REVOCATION OF RIGHT 6 CHRISTOPHER MARC GILMAN ) TO APPLY 7 8 On March 19, 2012, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Christopher Marc Gilman (Gilman) in which the 10 Commission charged him with Gross Neglect of Duty pursuant t0 ORS 342.175(1)(b); OAR 584- 11 020-0040(4)(n) as it incorporates OAR 548-020-0010t1), OAR 584-020-0010(5); OAR 584- 12 020-oo4o(4)(o) as it incorporates OAR 584-020-0035 (1)(c)(D); and OAR 584-02o-oo4o(4)(fl. 13 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7009 1410 0002 14 1925 3402 to the address on file with the Commission. The Notice 0f Opportunity of Healing, 15 dated March 19, 2012, and signed by Victoria Chamberlain, Executive Director, stated: l6 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l7 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR l8 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. l9 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 20 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 21 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 22 DISCIPLINE.” 23 24 Gilman did not request a hearing. The commission received a letter from Gilman’s 25 attorney, Adam Arms, 0n March 26, 2012. The letter stated in part, “I write to inform you that 26 Mr. Gilman does not intend to request a hearing.” The Commission, therefore, finds Gilman to 27 be in default and enters the following findings of fact, conclusions of law and order, based on the 28 files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Gilman has been licensed as a teacher in Oregon since January 29, 1993_ Gilman held a 31 Standard Teaching License with an endorsement in Standard Elementary (016] issued on 32 June 6, 2006, that expired June 11, 2011. Gilman did not make application for renewal. 33 During all relevant times, Gilman was employed by the Medford School District. 34 2. On July 31, 2004, Gilman signed a stipulated agreement with the Commission in which Gilman 35 admitted to inappropriate physical contact with 4th grade female students; the inappropriate 36 physical contact included allowing students to sit on his lap during class, tickling female students, 37 touching female students on the leg and patting students 0n the buttocks. PAGE 1-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GILMAN, CHRISTOPHER MARC 1 3. On February 22, 2010, the Commission received notification from the Superintendent of the 2 Medford School District concerning an investigation 0f Gilman’s behavior with students. 3 Students alleged that Gilman: 4 a. Gave students “Indian Burns”, 5 b. Stuck his tongue out at students and simulated licking them, 6 c. Placed students in headlocks with noogies, fake choking and shaking of students, 7 d. Hugging one or more students around the lower back and buttocks, 8 e. Touched a female student on the buttocks and thigh area under her bottom, 9 f. Touched at least one student’s private areas, 10 g. Allowed one or more students to sit on his lap. 11 CONCLUSIONS OF LAW 12 Gilman’s conduct described in section three (3) above constitutes gross neglect of duty in 13 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 14 0010(1) (Recognize the worth and dignity of all persons and respect for each individual), OAR 15 584-020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates 16 OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in 17 conduct and conversations at all times); and OAR 584-020-0040(4)(f) (Any sexual conduct 18 with a student) as that term is defined by OAR 584-020-ooo5(5). 19 The Commission’s authority to impose discipline in this matter is based upon ORS 2O 342.175. 21 FINAL ORDER 22 The Commission hereby revokes Christopher Marc Gilman’s right to apply for a teaching 23 license. . 24 IT IS SO ORDERED THIS Z 2 7,1, day oprril, 2012. 25 TEACHER ST DARDS AND PRACTICES COMMISSION 26 /7; é; é f [/y/ l // ~ 27 By: . " ' - 28 ictoria Cha ain Executive Director 23 NOTICE OF APPEAL OR RIGHTS 1332 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 33 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 34 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 35 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GILMAN, CHRISTOPHER MARC