f JUL 1 2013 § 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMrssiort,m»-,,,, 1;; 3W he ,, ’ 2 OF THE STATE OF OREGON Lfiiefflltitlsi. iii-1?? -Q~\’Lnl 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 1‘ 5 MARK ANDREW HOPFER ) AND PROBATION g 0n June 15, 2011, the Teacher Standards and Practices Commission 8 (Commission) received a report from the Douglas County School District alleging 9 professional misconduct on the part of licensed educator, Mark Andrew Hopfer 1 0 (Hopfer). $ 11 After review of the matters alleged, Hopfer and the Commission agree that their , 12 respective interests, together with the public interest, are best served by a stipulation to 13 certain facts and the imposition 0f a public reprimand and two year probation period. 14 By signing below, Hopfer acknowledges, understands, stipulates, and agrees t0 15 the following: (i) he has been fully advised of his rights to notice and a hearing to contest ‘ 16 the findings of fact, conclusions of law, and order set forth below, and fully and finally 17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 18 Facts and Final Order of Reprirnand and Probation (Stipulation and Final Order); (ii) ' , 19 this Stipulation and Final Order is a public document and disclosed to the public upon i 20 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and ‘ 21 subject to approval and adoption by the Commission. If the Commission does not 22 approve and adopt this Stipulation and Final Order, then neither Hopfer nor the 23 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 24 Final Order, and understands it completely; (v) he voluntarily, without any force or 25 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 26 the Stipulated Final Order below; (vi) he states that no promise or representation has > 27 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully 29 advised with regard to his rights thereto, or waives any and all rights to consult with an 30 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 31 the Stipulated Final Order below. 32 STIPULATION OF FACTS 33 1. Mark Andrew Hopfer has been licensed by the Commission since July 1, 1973. Hopfer’s 34 Standard Teaching License, with endorsements in Basic Biology 020 and Standard 35 Agricultural Science 024, was issued on October 25, 2009, and expires on October 24, Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- HOPFER, MAR K ANDREW 1 2014. During all relevant times, Hopfer was employed by the Douglas County School l 2 District. 3 2. On May 9, 2011, Hopfer and another teacher, Brian Arp, shared a classroom. While 11 4 Hopfer was out of the classroom, Arp gave several students permission to use his and l 5 Hopfer’s computers and related work space to access the internct. When Hopfer returned 6 to the classroom, he became upset with student KH who was seated in his chair. 7 According to other students and Arp, Hopfer began to yell at KH. Other students and Alp 8 described Hopfer as being intense and angry. According to the student, Hopfer . 9 approached KH and swatted her on her shoulder with the back of his hand causing the 10 skin to turn red. Hopfer continued to berate KH for nearly two minutes until another 11 student, MY, stepped between them and told Hopfer to stop bullying KH. 12 3. Hopfer denies he was out of control or angry. Hopfer admits that he did have physical 13 contact with KH using his hand but only to guide her out of his chair, and his contact was 14 I not intended as a strike or assault of any sort. Hopfer states he did not yell at KH for two 1 5 minutes, but he did have a long conversation with student MY. Hopfer has since retired 16 from the Douglas County School District. 1 7 ‘ 18 IT IS SO STIPULATED: ; 19 ' ' / % 20 / 4 ‘ ' it‘ . . i 21 M drew Ho _ Date 22 23 é “0257i 24 Victoria Cham , Executive Director Date = 25 Teacher Standards and Practices Commission ' 26 CONCLUSION OF LAW 27 Mark Andrew Hopfer yelled at a student or students in front of other students 28 and another educator. Hopfer, while angrily yelling, physically swatted a student upon 29 her shoulder with his hand causing redness on the students skin. This conduct 30 constitutes gross neglect of duty in violation of ORS 342.175 (1)(b); OAR 584-020- 31 oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment),OAR 32 584-020-0020(2)(d) (Skill in the supervision of students), OAR 584-020- Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- HOPPER, MARK ANDREW 1 0025(2)(e)(Using district lawful and reasonable rules and regulations), OAR 584-020- 2 0030(2)(b) (Skill in communicating with administrators, students, stajj‘, parents, and 3 other patrons); and OAR 584-020-oo4o(4)(d) (Unreasonable physical force against 4 students, fellow employees, or visitors to the school, except as permitted under ORS 5 339.250). 6 The Commission's authority to impose discipline in this matter is based upon 7 ORS 342.175. 8 ORDER 9 Based on the foregoing, the Commission hereby orders as follows: 10 1. The Commission adopts and incorporates herein the above findings of fact and 1 1 conclusions of law, and based thereon, imposes a Public Reprimand on Mark 12 Andrew Hopfer’s Educator License(s); 1 3 2. Hopfer is hereby placed on probation for a period of two (2) years from the date 14 this order is signed by the Commission subject to the following conditions: 15 a. Within six (6) months of this order, Hopferwill submit documentation 16 that he has completed a Commission approved Anger Management 17 Course / Training. 18 b. Hopfer shall comply with the Standards for Competent and Ethical 19 Performance of Oregon Educators under Oregon Administrative Rules 20 Chapter 584, Division 020. i 21 Issued and dated druid”, day Mtg 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 STATE OF OREGON a: Mgmrflzw 26 1ctoria Ch e , Executive Director Page 3 STIPULATION 0F FACTS AND FINAL ORDER 0F REPRIMAND AND PROBATION— HOPPER. MARK ANDREW l