1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter 0f the ) STIPULATION OF FACTS AND

4 Educator License 0f ) FINAL ORDER OF SUSPENSION

5 PATRICK JAMES MC CUSKER ) AND PROBATION

I V 6 On or about April 8, 2011, the Teacher Standards and Practices Commission

7 (Commission) received information relating to Patrick James McCusker (McCusker).

8 After review of the matters alleged, McCusker 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 McCusker’s Oregon Teaching License
1 1 followed by four (4) years probation and a monitoring period.
12 This document sets forth the facts upon which the parties have agreed and the stipulated
13 sanction to be imposed. McCusker stipulates that there is sufficient evidence in the
14 Commission's files and records to support the findings of fact, conclusions of law, and order set
1 5 forth below.
16 By signing below, McCusker acknowledges, understands, stipulates, and agrees t0 the

- 17 following: (i) he has been fully advised of his rights to notice and a hearing t0 contest the
18 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
19 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
20 Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final
21 Order is a public document and disclosed to the public upon request by the Commission; (iii)
22 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the
23 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
24 then neither McCusker nor the Commission are bound by the terms herein; (iv) he has fully read
25 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
26 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
27 of the Stipulated Final Order below; (vi) he states that no promises or representation has been
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — MC CUSKER, PATRICK

1 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
2 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
3 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
4 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. In
5 entering into this stipulation, McCusker waives the right t0 a hearing to contest the findings of
6 fact, conclusions of law and order set forth below.
7 STIPULATION OF FACTS
8 1. The Commission has licensed Patrick James McCusker since October 4, 1991. McCusker
9 currently holds a Standard Teaching License issued August 6, 2010, with an
1O endorsement in Standard Social Studies (020), which expires on August 5, 2015. During
1 1 all relevant times, McCusker was employed by the Portland Public School District.
12 2. On or about February 18, 2011, the Commission received a report from the Portland
13 Public School District advising that McCusker had violated Professional Standards. This
14 report indicated that several female students had complained to school administrators
15 alleging sexual harassment by McCusker.
16 3. Investigations determined McCusker said the following to female students in the
17 classroom; referring to the student(s) as “Pretty”, calling some female students “Sluts”,
18 and asking a grumpy female student if she was pregnant 0r on her period. Students
19 reported that McCusker discussed inappropriate topics in class related to sexual
20 activities, including McCusker talking about receiving oral sex in the past, and stories of
21 McCusker catching a pair of students having sex on school property. It was also reported
22 that McCusker also suggested to students that, in the past, he would confiscate adult
23 magazines from students and keep them for himself. Several female students reported
24 McCusker, while in class, would look at them intently, rub their shoulders, and generally
25 make them feel creepy.
26
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — MC CUSKER, PATRICK

1 IT IS SO STIPULATED:
2 ,1 'Z/ 75/“ g/g L’ K 1f’ 73
3 Patrick Jame ,L: Cuske / / g Date
4 1%?él //l/4A '1 / A, M
5 Victovhamberlai tecutive Director Date
6 Teacher Standa | a u Pr ices Commission
7 CONCLUSION OF LAW
8 Patrick James McCusker made inappropriate comments t0 students in the classroom.
9 McCusker’s conversations contained content that was outside professional teacher / student
1O boundaries. McCusker’s conduct was unwelcome and his behavior created an uncomfortable
1 1 educational environment that intimidated students. This conduct constitutes gross neglect of
12 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
13 020-001o(1) (Recognize the worth and dignity of all persons and respect for each individual),
14 OAR 584-020-001o(5) (Use professional judgment), OAR 584-020-0015(2)(e) (Skill in the
15 selection and use of teaching techniques conducive t0 student learning), OAR 584-020-
16 0030(2)(b) (Skill in communicating with administrators, students, stafi‘, parents, and other
17 patrons); OAR 584-020-o4o(4)(l) (Sexual Harassment); and OAR 584-o2o-oo4o(4)(o) as it
18 incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with
19 students in conduct and conversations at all times).
20 The Commission’s authority to impose discipline in this matter is based upon ORS
21 342.175.
22 ORDER
23 The Commission hereby adopts and incorporates herein the above stipulation of facts,
24 conclusions of law, and based thereon hereby imposes a one (1) year suspension upon
25 McCusker’s Standard Teaching License as follows:
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - MC CUSKER, PATRICK

1 Patrick James McCusker's Standard Teaching License is hereby suspended for one (1)
2 year following the adoption of this order. Prior to reinstatement, McCusker must successfully
3 complete sexual harassment training as approved by the Commission.
4 Furthermore, the Commission imposes four (4) years of probation upon McCusker to
5 commence upon reinstatement of his license and subject to the following terms and conditions
6 of probation:
7 1. McCusker shall comply with the Standards for Competent and Ethical Performance
8 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
9 / / /

1 O Violation of any term or condition of probation shall constitute an independent basis for the

1 1 Commission to revoke McCusker’s educator license or otherwise impose discipline, after first

12 providing McCusker with notice and opportunity for hearing.

13 / / /

14 IT IS SO ORDERED this [2 day of November, 2013.

15 TEACHER STANDARDS AND PRACTICES COMMISSION

16 ‘ .

17 By' flan)

18 1ct0ria Charn a ecutive Director

I
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — MC CUSKER, PATRICK