1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 BRACE E. LANGENWALTER ) AND PROBATION 6 On August 3o, 2012, the Teacher Standards and Practices Commission (Commission) 7 charged Brace E. Langenwalter with Gross Neglect of Duty. Mr. Langenwalter requested a 8 hearing on September 14, 2012. 9 After review of the matters alleged, Mr. Langenwalter and the Commission agree that 1 0 their respective interests, together with the public interest, are best served by a stipulation to 1 1 certain facts and the suspension of Mr. Langenwalter’s Standard Teaching License for thirty 12 (30) days, followed by a four (4) year probationary period. 1 3 This document sets forth the facts upon which the parties have agreed and the stipulated 14 sanction to be imposed. Mr. Langenwalter stipulates that there is sufficient evidence in the 1 5 Commission’s files and records to support the findings of fact, conclusions of law, and order set 1 6 forth below. 17 By signing below, Mr. Langenwalter acknowledges, understands, stipulates, and agrees 18 to the following: (i) he has been fully advised of his rights to notice and a hearing to contest the 19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 21 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 22 Stipulation and Final Order is a public document and disclosed to the public upon request by the 23 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval 24 and adoption by the Commission. If the Commission does not approve and adopt this 25 Stipulation and Final Order, then neither Mr. Langenwalter nor the Commission are bound by 26 the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 27 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Page 1 STIPULATION OF FACTS AND SUSPENSION ORDER — BRACE E. LANGENWALTER 1 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that 2 no promises or representation has been made to induce him to sign this Stipulation and Final 3 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 4 and has been fully advised with regard to his rights thereto, or waives any and all rights to 5 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 6 entry of the Stipulated Final Order below. In entering into this stipulation, Mr. Langenwalter 7 waives the right to a hearing to contest the findings of fact, conclusions of law and order set ‘ 8 forth below. 9 STIPULATION OF FACT S 10 1. The Commission has licensed Mr. Langenwalter since July 30, 1998. Mr. 1 1 Langenwalter currently holds a Standard Teaching License issued October 10, 2009, 12 with an endorsement in Standard Music, which expires on October 9, 2014. During all 13 relevant times Mr. Langenwalter was employed by the Silver Falls School District. 14 2. 0n May 21, 2011, Mr. Langenwalter allowed high school age choir students of both sexes 15 to change clothes in a moving bus. 16 3. During the same trip, Mr. Langenwalter allowed students to leave the premises where 17 the competition took place without parental permission or supervision. 18 4. On or about June 2011, Mr. Langenwalter made unauthorized purchases for the ‘ 19 Choralaires group that totaled $999.50. Although Mr. Langenwalter did not make the ‘ 20 unauthorized purchases for any personal gain, nor derive any personal benefit from 21 them, the purchases were a violation of local school policies because his budget deficit of 1 22 $6000.00 had not been balanced as directed by school administration. l 23 /// 24 / / / 25 / / / 26 / / / Page 2 STIPULATION OF FACTS AND SUSPENSION ORDER — BRACE E. LANGENWALTER 1 1 IT S SO STIPU " TED: I I 2 ' Q 4)“:th 8 620 I3 3 Bree E. Lan_ 2:“ - 1-" ' Date . i/Ml’ / 1/ 1 ire/EL 5 Victoria W Executive I irector Date 6 Teacher Standards an u a . ql- . Commission 7 CONCLUSION OF LAW 8 Brace Langenwalter engaged in unprofessional conduct as described in paragraphs 2 9 through 4 above. This conduct constitutes gross neglect of duty in violation of ORS 10 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 1 1 professional judgment); OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules 12 and regulations); OAR 584-020-oo4o(4)(o), as it incorporates OAR 584-020-0035(1)(c)(D) 13 (Honoring appropriate adult boundaries with students in conduct and conversations at all 14 times); and OAR 584-020-0025(2)(d) (Using district and school business and financial 1 5 procedures). 16 The Commission’s authority to impose discipline in this matter is based upon ORS 17 342.175 through 342.190 and the Standards for Competent and Ethical Performance of Oregon 18 Educators, OAR Chapter 584, Division 020. 1 9 ORDER 20 The Commission adopts and incorporates herein the above findings of fact, conclusions 21 of law, and based thereon, hereby suspends the Standard Teaching license of Brace E. 22 Langenwalter for thirty (30) days. 23 Furthermore, the Commission imposes a four (4) year probation period upon 24 Langenwalter to commence upon Commission approval of this stipulation and subject to the 25 following terms and conditions of probation: 26 1. Langenwalter shall comply with the Standards for Competent and Ethical 27 Performance of Oregon Educators under Oregon Administrative Rules Chapter 584, Page 3 STIPULATION OF FACTS AND SUSPENSION ORDER — BRACE E. LANGENWALTER 1 Division 020. 2 2. Langenwalter shall comply with district lawful and reasonable rules and regulations 3 related to expenditures for school use. 4 Violation of any term or condition of probation shall constitute an independent basis for 5 the Commission to revoke Langenwalter’s teaching license or otherwise impose discipline, after 6 first providing Langenwalter with notice and opportunity for hearing. 7 IT IS SO ORDERED this 14¢’ day of November, 2013. I 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 v 1 O By: 11 Pretoria Chamgzég' E éxecutive Director I I I I I I I I Page 4 STIPULATION OF FACTS AND SUSPENSION ORDER — BRACE E. LANGENWALTER