1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 RICHARD ALAN BISHOP ) AND PROBATION 6 On or about April 8, 2011, the Teacher Standards and Practices Commission 7 (Commission) received information relating to Richard Alan Bishop (Bishop). 8 After review of the matters alleged, Bishop and the Commission agree that their 9 respective interests, together with the public interest, are best served by a stipulation to certain 10 facts, the imposition of a one (1) year suspension of Bishop’s Oregon Teaching License followed 1 1 by a four (4) year probation and monitoring period 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Bishop stipulates that there is sufficient evidence in the Commission’s 14 files and records to support the findings of fact, conclusions of law, and order set forth below. 15 By signing below, Bishop acknowledges, understands, stipulates, and agrees to the 16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 17 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 18 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 19 Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final 20 Order is a public document and disclosed to the public upon request by the Commission; (iii) 21 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the 22 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 23 then neither Bishop nor the Commission are bound by the terms herein; (iv) he has fully read 24 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any 25 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry l 26 of the Stipulated Final Order below; (vi) he states that no promises or representation has been l 27 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — BISHOP,R|CHARD 1 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his 2 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 3 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 4 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. 5 Bishop stipulates that there are sufficient facts contained in the Commission’s files and records 6 to support the findings of fact and conclusions of law set forth below. In entering into this 7 stipulation, Bishop waives the right to a hearing to contest the findings of fact, conclusions of 8 law and order set forth below. 9 STIPULATION OF FACTS 1O 1. The Commission has licensed Richard Bishop since June 1, 1964. Bishop currently holds 1 1 a Five-Year Teaching License issued August 17, 2010, that expires on August 16, 2015; 12 with an endorsement in Secondary Education. During all relevant times, Bishop was 13 employed as a substitute teacher for the Horizon Christian Schools. 14 2. On March 11, 2011, Bishop intervened in what he believed was a physical altercation ‘ 1 5 between two 14 year-old students by placing one student in a headlock, taking several I 16 steps with the student in the headlock, and then striking the student in the forehead I 17 leaving a bruise. Bishop then stated, “I didn’t hit you in the face I hit you on the head. If I 18 I wanted to I could knock you through the wall. But I would have to be responsible for i 19 that so I ’m not going to.” or words to that effect. ‘ 20 3. On May 26, 2011, Bishop pled guilty and was convicted of Harassment for this incident. 21 As a condition of Bishop’s conviction, he was placed on probation for 18 months, ordered 22 to undergo anger management treatment and to refrain from teaching or volunteering at 23 any school during his probation period. 24 4. On June 15, 2011, Bishop was assessed for anger management treatment as required by 25 the courts. The assessment was conducted by an approved assessment provider and ‘ 26 included personal interviews and approved, standardized assessment tests. Bishop’s I I Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - BISHOP, RICHARD I 1 results indicated he was not in need of anger management treatment and the courts 2 closed this requirement of Bishop’s probation as “No Treatment Recommended”. 3 IT IS SO STIPULATED: , :1 4 1,.._,.Q/ 1.2.- $412012, 5 ' ' 5h’. ‘ an Bishp Y ' Date . 7 ' 2 - 0/ s Marlin/.111 M /0 4 OZ '2) 7 Victoria Chamerl.ecutive Director Date , 8 Teacher Standards and Practices Commission 9 CONCLUSION OF LAW I 1O Richard Alan Bishop used unreasonably force against a student in one of his classes, and I 1 1 his conduct was witnessed by other students. This conduct constitutes gross neglect of duty in I 12 violation of ORS 342.175(1)(b); OAR 584-o20-oo4o(4)(n) as it incorporates OAR 584-020- 13 0010(1) (Recognize the worth and dignity of all persons and respect for each individual), OAR 14 584-020-001o(5) (Use professional judgment), OAR 584-020-0020(2)(d) (Skill in the 15 supervision of students), OAR 584-020-0030(2)(b) (Skill in communicating with 16 administrators, students, stafl, parents, and other patrons); OAR 584-020-0040(4)(o) as it 17 incorporates OAR 584-020-0035(1)(c)(D)(Honoring appropriate adult boundaries with 1 8 students in conduct and conversations at all times); OAR 584-020-0040(4)(e) (Violent or 19 destructive behavior on school premises or at a school-sponsored activity); and 584-020- 2O 0040(4)(d) (Unreasonable physical force against students, fellow employees, or visitors to the 21 school, except as permitted under ORS 339.250). 22 Bishop subsequently plead guilty to and was convicted of Harassment for his conduct 23 against a student. This conduct constitutes Gross Unfitness in violation of OAR 584-020- 24 oo40(5)(c) (Conviction of violating any federal, state, or local law. A conviction includes any 25 final judgment of conviction by a court whether as the result of guilty plea, no contest plea or 26 any other means); and OAR 584-o2o-oo4o(5)(e) (Admission of or engaging in acts 27 constituting criminal conduct, even in the absence of a conviction). , 28 The Commission’s authority to impose discipline in this matter is based upon ORS 29 342.175. 30 / / / Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — BISHOP, RICHARD 1 ORDER 2 The Commission hereby adopts and incorporates herein the above stipulation of facts, 3 conclusions of law, and based thereon hereby imposes a one (1) year suspension upon Bishops 4 Five-Year Teaching license as follows: 5 Richard Alan Bishop’s Five-Year Teaching License is hereby suspended for one (1) year 6 following the adoption of this order. 7 Furthermore, the Commission imposes a four (4) year probation upon Bishop to 8 commence upon reinstatement of his license and subject to the following terms and conditions , 9 of probation: 10 1. Bishop shall comply with the Standards for Competent and Ethical Performance of , 1 1 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. I 12 / / / 13 Violation of any term or condition 0f probation shall constitute an independent basis for the 14 Commission to revoke Bishop’s teaching license or otherwise impose discipline, after first 15 providing Bishop with notice and opportunity for hearing. 16 / / / 6M 17 IT IS SO ORDERED this day of November, 2012. ' 18 TEACHER STANDARDS AND PRACTICES COMMISSION 1 9 . 2O By: ZM/L/ 21 Victoria Chambe 'tive Director on c " ' , ’ Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — BISHOP, RICHARD _ . _ .\ ‘ _ CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Richard Alan Bishop 22655 SW Schaltenbrand Ln Sherwood, OR 97140-8648 h DATED this [5 f day of November, 2012. - I By: I Pa iddeII , Investigative Assistant 1 I CERTIFICATE OF MAILING - Bishop, Richard Alan