1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF TIIE STATE OF OREGON 3 In the Matter of the ) STIPULA'FION OF FACTS AND 4 Educator License of: ) FINAL ORDER OF SUSPENSION 5 ] AND PROBATION 6 GILBERT GARY GRAMSON ) g On June 11, 2009, the Commission received a report from Maureen Sloane 9 indicating that Gramson may have engaged in conduct constituting Gross Neglect of 1O Duty. 1 1 After review of the matters alleged, Gramson and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 13 stipulation to certain facts and a 30 suspension of Gramson’s teaching license in the 14 State of Oregon, plus a 4 year period of probation. Gramson denies the allegations, but 15 stipulates that there is sufficient information contained in the Commission‘s files t0 16 support the stipulation of facts set forth below. 17 By signing below, Gramson acknowledges, understands, stipulates, and agrees to 18 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 19 the findings of fact, conclusions of law, and order set forth below, and fully and finally 20 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 21 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation 22 and Fina] 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 24 approval and adoption by the Commission. If the Commission does not approve and 25 adopt this Stipulation and Final Order, then neither Gramson nor the Commission are 26 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 27 understands it completely; (v) he voluntarily, without any force or duress, enters into 28 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 29 Final Order below; (vi) he states that no promise or representation has been made to 3O induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 31 attorney regarding this Stipulation and Final Order and has been fully advised with 32 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 33 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 34 Final Order below. Final Order 6‘ aflfléflsrfifl Ml PmeHOr'z EtilgggRiTlPULATION OF FACTS AND REVGGHFIQNHEBLGHLID-AEEIX — GRAMSON. GARY 1 STIPULATION OF FACTS 2 1. Gary Gramson has been licensed as a teacher in Oregon since July 28, 1992. His 3 current Standard Teaching License, with endorsements in Basic Biology, Basie 4 Physics, Basic Chemistry, and Standard Integrated Science, issued on August 31, 5 2007, is valid until August 30, 2012. Gramson made timely application for renewal 6 and his license expiration was extended until the final outcome of this case. During 7 all relevant times, Gramson was employed by the Portland Public School District 8 2. On May 20, 2009, Gramson angrily confronted and intimidated multiple students in 9 his classroom. During this confrontation Gramson yelled and made fists with his 1O hands, and made statements that he would fight the students for control of the class. 1 1 3i In January 2009, the district determined Gramson made inappropriate comments 12 and had inappropriate conversations with students involving ethnic/ racial issues. 13 The district determined that Gramson made inappropriate comments, considered 14 sexual harassment, to a female student in his class during the course of the 2008- 15 2009 school year. 16 4. District reports indicate Gramson has repeatedly failed to manage his classroom(s) 17 as expected by policy. These documented failures include inconsistent disciplinary 18 actions with students, refusal t0 follow building policy regarding cell phones and 19 confiscation, repeated failure to properly document student behavioral issues and 20 referrals. 21 IT IS SO STIPULATED: 22 23 ' f“- r ‘- iALZ/L 24 Grfivw / / Date 25 / M ~ - 26 _, ‘4411/2/91 IAJL M é‘ 4 A5 27 ictoria Cha ‘I r a1 , ‘cutive Director Date 28 Teacher Standards and Practices Commission 29 CONCLUSIONS OF LAW 30 1. By engaging in the conduct in paragraph 2, Gramson committed Gross Neglect of ‘ 31 Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it ; 32 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020- l l 33 0025(2)(a) (Establishing and maintaining classroom management that is ‘ QM! 0rd¢r if’ SAfidrlSw-i and I'D/419450” ‘ Page 2 STIPULATION OF FACTS AND — GRAMSON, GARY GILBERT 1 conducive to learning) and OAR 584-02o-oo4o(4)(e) (Violent or destructive 2 behavior on school premises or at a school-sponsored activity). 3 2. By engaging in the conduct in paragraph 3, Gramson committed Gross Neglect of 4 Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it 5 incorporates OAR 584-020-001o(5) (Use professional judgment), OAR 584-020- 6 0010(1) (Recognize the worth and dignity of all persons and respect for each 7 individual), and OAR 584-020-0025(2](a) (Establishing and maintaining 8 classroom management that is conducive t0 learning). 9 3. By engaging in the conduct in paragraph 4, Gramson committed Gross Neglect of 1O Duty in violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it 11 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020- 12 0025(2)(e) (Using district lawful and reasonable rules and regulations), and 13 OAR 584-020-0025(2)(a) (Establishing and maintaining classroom 14 management that is conducive to learning). 15 4. The Commissions authority to impose discipline in this matter is based upon 16 ORS 342.175. 17 18 ORDER 19 1. Based on the foregoing, the Commission hereby suspends Mr. Gramson‘s 20 teaching license for 30 days beginning the date that this order is signed by the 21 Executive Director below. 22 2. As part of any license reinstatement application, Mr. Gramson must provide 23 proof of successful completion of a classroom management class approved by the 24 Commission. 25 3. The Commission further places Mr. Gramson on probation for a period of 4 years 26 beginning the date that he reinstates his suspended license. During the period 0f gifBeEBRiSTIPULATION OF FACTS AND éveeag-le-QLBMH 0 6 e/ if suglfilltawpséflga” iiygéAihl/lréftf 72:12:; 1 probation, Mr. Gramson will be subject to the following conditions: 2 a. Mr. Gramson will obtain an evaluation from a TSPC-approved evaluator 3 to confirm that Mr. Gramson is not a danger to students or staff; 4 5 b. Mr. Gramson must engage in any counseling recommended by the 6 counselor; 7 8 e. Mr. Gramson must file reports with TSPC every six months confirming 9 his participation in counseling and that he has had n0 arrests or 10 convictions; 1 1 12 d. Mr. Gramson’s counselor must file reports with TSPC every six months 13 confirming that Mr. Gramson is participating in counseling and remains fit 14 to teach; 15 e. Mr. Gramson must immediately report any arrest to TSPC; and 16 17 f. Mr. Gramson must follow the standards set by TSPC and state law for 18 Oregon 19 20 4. Violation 0f any term or condition of probation shall constitute an independent 21 basis for the Commission to revoke Mr. Gramson’s teaching license or otherwise 22 impose discipline, after first providing Mr. Gramson with notice and opportunity 23 for hearing. 24 7111 25 Issued and dated this OQé day OM13. 26 TEACHER STANDARDS AND PRACTICES COMMISSION 27 STATE OF GON 28 ' i 29 By ML) 3O Victoria Chamber 1n, tive Director Final Oyster of Seams 0'! 1M’ ‘PFC Icahn Page 4 STIPULATION OF FACTS AND - GRAMSON, GARY GILBERT