1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter 0f the ) STIPULATION OF FACTS AND
4 Teaching License of ) FINAL ORDER OF REVOCATION
5 SAMUEL SYLVESTER NELSON ) OF RIGHT TO APPLY FOR LICENSE
6 On or about January 12, 2009 the Teacher Standards and Practices Commission (Commission)
7 received a report from Dennis Carter, then Superintendent for the Ontario School District, indicating
8 that Samuel Sylvester Nelson (Nelson) may have violated professional standards.
9 After review of the matters alleged, Nelson and the Commission agree that their respective
10 interests, together with the public interest, are best served by a stipulation to certain facts, the
1 1 imposition of the revocation of the right to apply for a license for one year.
12 This document sets forth the facts upon which the parties have agreed and the stipulated
13 sanction to be imposed. Nelson stipulates that there is sufficient evidence in the Commission’s ﬁles
14 and records to support the ﬁndings of fact, conclusions of law, and order set forth below.
15 By signing below, Nelson acknowledges, understands, stipulates, and agrees to the following:
16 (i) he has been fully advised of his rights to noﬁce and a hearing to contest the ﬁndings of fact,
17 conclusions of law, and order set forth below, and fully and ﬁnally waives all such rights and any rights
18 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Revocation of Right to
19 Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and
20 disclosed t0 the public upon request by the Commission; (iii) this Stipulation and Final Order is
21 contingent upon and subject to approval and adoption by the Commission. If the Commission does
22 not approve and adopt this Stipulation and Final Order, then neither Nelson nor the Commission are
23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it
‘ 24 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order
I 25 and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises
26 or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he
27 has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised
28 with regard to his rights thereto, or waives any and all rights to consult with an attorney prior to
Page 1 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY — NELSON, SAMUEL S.

1 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order
2 below.
3 STIPULATION OF FACTS
4 1) Samuel Sylvester Nelson was initially licensed as a teacher in Oregon on January 31, 1977. Nelson
5 held an Initial Administrator License, issued on December 16, 2006, that expired on April 22,
6 2010. Nelson currently holds a Standard Teaching License, with endorsements in Standard
7 Elementary and Standard Handicapped Learner, issued on April 23, 2006, that was scheduled to
8 expire on April 22, 2011. Nelson’s license expiration has been extended, pending the ﬁnal outcome
9 of the investigation. During all relevant times, Nelson was employed by the Ontario School
10 District.
11 2) During the 2007—2008 and 2008—2009 school years Nelson brought to the Ontario ‘
12 School District’s attention various matters, including the provision of special education l
13 services to students in the District, health and safety issues concerning the special
14 education classroom, and failure to pay wages to special education teaching assistants who
15 worked through their assigned break and lunch hours After having done so, the Ontario
16 School District conducted observations of Nelson’s special education classroom in
17 response to issues that Nelson had raised concerning district processes. During this time
18 it was observed that Nelson left conﬁdential student information unsecured. Conﬁdential
19 student information was found on Nelson’s desk, the classroom ﬂoor, and posted on a
20 bulletin board in Nelson’s classroom. Nelson was also observed discussing conﬁdential
21 student issues with students in front of their peers, such as medications, juvenile court
22 issues, and special education needs. After these observations, Nelson ﬁled administrative
23 complaints with the Commission and BOLI regarding his concerns.
24 3) During the same classroom observation period, Nelson was observed to use inappropriate
25 sarcasm regarding conﬁdential student issues t0 gain compliance with Nelson’s directions
26 to students. This conduct violated Ontario school board policy J M (Staff-Student
27 relations).
23 ///
29 ///
30 ///
31 ///
32 ///
Page 2 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY — NELSON, SAMUEL S.

1 4) On January 13, 2009, Nelson called former Commission investigator Cameron Lane out of
2 frustration and left a voice message in which Nelson said, “ ...And I have numerous
3 witnesses t0 do it and they are trying to pressure me so they can ﬁre me and I am stick of t
4 this, I ’m close to shooting somebody.” This statement was reported to the Ontario School
5 District. W'hen confronted by school administrators and local police you stated, “When
6 you push someone so far, this is what you get.” The Ontario School District subsequently
7 dismissed Nelson from employment. Nelson acknowledges now that these statements
8 were inappropriate,
9
10 IT I SO STIPULATED:
11 ‘WM- We?
12 Sam el 1 ester Nelso/ / _ ate
13 WYZ” 1/111 .1/1 1 .41 ML
14 Wria C a 1 Wecutive Director Date
15 Teacher Stan ards and Practices Commission
16 CONCLUSIONS OF LAW
17 The described conduct in paragraphs two and three above constitutes gross neglect of duty in
18 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(5)
19 (Use of professional judgment), OAR 584-o2o-oo1o(1) (Recognize the worth and dignity of all
20 persons and respect for each individual), OAR 584-020-0025(2)(c) (Using and maintaining student
21 records as required by federal and state law and district policies and procedures), OAR 584-020-
22 0025(2)(e) (Using district lawful and reasonable rules and regulations), and OAR 584-020-
23 oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(a) (Keep the conﬁdence entrusted in the
24 profession as it relates to conﬁdential information concerning a student and the students family).
25 The described conduct in paragraph four above constitutes gross neglect of duty in violation of
26 ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(1) (Recognize
27 the worth and dignity of all persons and respect for each individual), OAR 584-020-0010(5) (Use
28 professional judgment) and OAR 584-020-oo4o(4)(e) (Violent or destructive behavior on school
29 premises or at a school-sponsored activity).
i 30 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
I Page 3 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY — NELSON, SAMUEL S.

1 ORDER

2 The Commission hereby adopts and incorporates herein the above ﬁndings of fact and revokes

3 Samuel Sylvester Nelson’s right to apply for a teaching license for one year.

4 rr IS so ORDERED this i day of November, 2012. 1

5 TEACHER STANDARDS AND PRACTICES COMMISSION

6 _-

7 EMMA“

8 Victoria Cham erlain, xecutive Director ‘
l
l
l
i
i
l
1
l
1
l

Page 4 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY — NELSON, SAMUEL S. ‘