1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter 0f the ) STIPULATlON OF FACTS AND
4 Teaching License of ) FINAL ORDER OF SUSPENSION
5 GERALD RICHARD GRAHAM ) OF LICENSE
f75 0n or about May 30, 2008 and June 19, 2008, the Teacher Standards and
8 Practices Commission (Commission) received reports indicating possible inappropriate
' 9 conduct by Gerald Graham, a teacher in the Willamette Education Service District.
10 After review of the matters alleged, Mr. Graham and the Commission agree that
11 their respective interests, together with the public interest, are best served by a
12 stipulation to certain facts and the imposition of a 90 day suspension of his Standard
, 13 Teaching License. By signing this Stipulation and Final Order, Mr. Graham does not
14 agree that the evidence supports all of the Commission's Stipulation of Facts and
15 Conclusions of Law. Nonetheless, Mr. Graham understands that the Commission will
16 rely upon the Stipulation of Facts to suspend his license and waives his right to appeal
17 the suspension of his license.
18 By signing below, Mr. Graham acknowledges, understands, stipulates, and .
19 agrees to the following: (i) he has been fully advised of his rights to notice and a hearing
20 to contest the findings of fact, conclusions of law, and order set forth below, and fully and
21 finally waives all such rights and any rights to appeal or otherwise challenge this
22 Stipulation of Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this
23 Stipulation and Final Order is a public document and disclosed to the public upon
24 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
25 subject to approval and adoption by the Commission. lf the Commission does not
26 approve and adopt this Stipulation and Final Order, then neither Mr. Graham nor the
27 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
28 Final Order, and understands it completely; (v) he voluntarily, without any force or
Page 1 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION — GRAHAM

1 duress, enters into this Stipulation and Final Order and consents to issuance and entry
2 of the Stipulated Final Order below; (vi) he states that no promises or representation has
3 been made to induce him to sign this Stipulation and Final Order; and (vii) he has
4 consulted with an attorney regarding this Stipulation and Final Order and has been fully
5 advised with regard to his rights thereto, or waives any and all rights to consult with an
6 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
7 the Stipulated Final Order below.
8 STIPULATION OF FACTS
9 1. The Commission has licensed Mr. Graham since May 12, 1978. Mr. Graham
10 currently holds a Standard Teaching License, with endorsements in Basic Art
11 (018) and Standard Handicapped Learner l (18), issued April 12, 2007 and valid
12 through April 11, 2012.
13 2. During the 2007-2008 school year, while working for Willamette Educational
14 Service District (WESD), Mr. Graham used profanity, vulgarity or offensive
15 language in his interactions with WESD staff, including but not limited to Rick
16 Grimes, Joann Granroth, Keri Laeger, and Sherri Hall.
17 3. During the 2007-2008 school year, while working for WESD, Mr. Graham made
18 repeated and unwanted comments to and about Rick Grimes, a subordinate
19 employee, in his presence or in his absence, of a sexual nature that
20 unreasonably interfered with Mr. Grimes‘ work performance or which created an
21 intimidating, hostile, or offensive working environment.
22 4. During the 2007-08 school year, while working for WESD, Mr. Graham told
23 inappropriate and disturbing military “kill” stories to staff and students.
24 ///
25 l/l
26 // I
Page 2 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION — GRAHAM

1 IT IS SO STIPULATED: /

g I ' /4/ .A(10N /2 (MEL/0'6’!

g Gera '- ' ichard G ~ _' Date

s MM ‘l/m. ' / 42 ~QK¢

7 victoria Chm ,Executive Director Date

8 Teacher - - ~ards and Practices Commission

9 l/ /
1O CONCLUSION OF LAW
11 Mr. Graham used inappropriate language as described in paragraph 2 above.
12 This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR ‘
13 584-020-0040(4)(n) (Substantial deviation from professional standards of competency)
14 as it incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all persons
15 and respect for each individual) or OAR 584-020-0010(5) (Use professional judgment).
16 Mr. Graham made sexual comments to and about a subordinate employee as
17 described in paragraph 3 above. This conduct constitutes gross neglect of duty in
18 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(l) (Sexual harassment) as that
19 term is deﬁned in OAR 584-020-0005(6)(c) (Such conduct unreasonably interferes with
20 an individual’s work performance or creates an intimidating, hostile, or offensive working
21 environment).
22 Mr. Graham told inappropriate “kill” stories as described in paragraph 4 above.
23 This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR
24 584-020-0040(4)(n) (Substantial deviation from professional standards of competency)
25 as it incorporates OAR 584-020-0010(5) (Use professional judgment).
26 // I
27 ///
28 Ill

Page 3 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION — GRAHAM

1 ORDER
2 The Standard Teaching License of Gerald Richard Graham is suspended for a
3 period of 90 days from the date of this order.
‘ ﬁt

4 Issued and dated this /é day of February 2010.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6 STATE 0F I REGON
7 Wyl '
8 = “4122/ ,1/11“; M/
9 Victoria C _ - Executive Director

Page 4 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION - GRAHAM