O O

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 REVOCATION

5 CHAD DAVID CROSBY ) OF RIGHT TO APPLY

3 On or about July 2, 2009, the Teacher Standards and Practices Commission

8 (Commission) received a report from the Superintendent of the Tigard-Tualatin School District

9 alleging Chad David Crosby (Crosby) made inappropriate contact with a female student.
1O After review of the matters alleged, Mr. Crosby and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to certain
12 facts and the revocation of Crosby’s right to apply for a license.
13 By signing below, Crosby acknowledges, understands, stipulates, and agrees to the
14 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
15 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
16 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, And
17 Revocation of Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order
1 8 is a public document and disclosed to the public upon request by the Commission; (iii) this
19 Stipulation and Final Order is contingent upon and subject to approval and adoption by the
20 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
21 then neither Crosby nor the Commission are bound by the terms herein; (iv) he has fully read
22 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
23 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
24 of the Stipulated Final Order below; (vi) he states that no promises or representation has been
25 made to induce hirn to sign this Stipulation and Final Order; and (vii) he has consulted with an
26 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
27 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
28 Stipulation and Final Order and issuance and entry 0f the Stipulated Final Order below.

Page 1 STIPULATION OF FACTS AND REVOCATION OF RIGHT TO APPLY - CROSBY

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1 STIPULATION OF FACTS
2 1. Crosby has been licensed by the Commission since August 14, 2002. Crosby has held an
3 Initial I Teaching License issued August 21, 2006, that expired December 24, 2009, with
4 an endorsement in Multiple Subjects at the middle level. During all relevant times,
5 Crosby was employed by the Tigard-Tualatin School District as a middle-school teacher.
6 2. On or about May 15, 2009, Crosby conducted a project that involved middle-school
7 students making a full-body outline similar to that seen in television crime-scene
8 dramas. Two female students were involved in this activity, which took place in an open,
9 public hallway. At one point during the activity, Crosby traced the body outline of one of
1O the students. During the tracing, Crosby traced the student’s inner thigh. The student
1 1 claimed that Crosby’s hand also brushed the student’s breast. Crosby maintains that he
12 did not recall brushing against the student’s breast, and that if he did, it was accidental
13 and unintentional. The student also felt uncomfortable with Crosby’s body positioning,
14 in relation to hers, during the tracing activity.
15 3. Students also reported several occasions where Crosby appeared to be watching the same
16 female student. Specifically Crosby is reported to have used his prep period to watch her
17 participate in PE class. Although there were several PE classes Crosby consistently
18 attended the same PE class as this particular female student. This conduct led some
19 female students to stop participating in physical education activities to avoid Crosby.
20 4. During the 2008-2009 school year, Crosby used a picture of a bikini during a class
21 lesson explaining the difference between the terms “opaque,” “translucent,” and
22 “transparent.” During the illustration, Crosby stated that he wished the bikini was
23 “transparent,” in order to clarify that word’s definition. Crosby also discussed with the
24 class his familiarity with nude beaches in Europe.
25 5. During the 2008-2009 school year, a student asked a question about a science issue. In
26 order t0 clarify the lesson, Crosby invited another female student into a side room so he
27 could perform an illustrative demonstration using props. The student felt uncomfortable
28 being asked to enter the room alone with Crosby. The student also felt uncomfortable
29 because she felt that Crosby was paying her too much attention in class and at school.
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Page 2 STIPULATION OF FACTS AND REVOCATION OF RIGHT TO APPLY - CROSBY

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1 6. During Halloween of 2008 a female student wore a Cinderella costume to class. Her

2 dress strap broke revealing her bra strap. Other female students reported that they had

3 to shield her from Crosby’s view as he appeared to be staring at her chest and

4 approached her after she had turned away.

5 IT IS SO S PULATED:

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8 had David Cro Da

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1 3 MML /0~ é 6/
1 1 ’ict0ria Shun . in, Executive Director Date
12 Teacher Standards and Practices Commission
13 ///
14 Conclusions of Law
15 Crosby’s performance of the body-tracing activity as outlined in paragraph 2, above,
16 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); and OAR 584-020-
17 oo40(4)(n) as it incorporates OAR 584-020-0010(5) (Use of professional judgment) and OAR
18 584-020-0015(2)(e) (Skill in the selection and use of teaching techniques conducive to student
1 9 learning).
20 Crosby‘s vocabulary lesson involving an image of a bikini and a discussion of nude
21 beaches constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
22 0040(0) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult
23 boundaries with students in conduct and conversation at all times); and OAR 584-020-
24 oo40(4)(n) as it incorporates OAR 584—020—0010(5) (Use of professional judgment) and OAR
25 584-0200015(2)(e) (Skill in the selection and use of teaching techniques conducive to student
26 learning).
27 Given the circumstances present at the time, Crosby’s decision to invite the female
28 student into a room, alone, constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b);
29 and OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use of professional
30 judgment).
31 Crosby’s focus 0n, and singling out of, female students leading them to feel
32 uncomfortable constitutes gross neglect of duty in violation of ORS 342.175(1)(b); and OAR 584-
33 020-004o(4)(n) as it incorporates OAR 584-020-0010(5) (Use of professional judgment)
34 / / /
35 / / /
35 / / /
Page 3 STIPULATION OF FACTS AND REVOCATION OF RIGHT TO APPLY - CROSBY

1 ORDER
2 The Commission hereby revoked Chad Crosby’s rigwapply for a license
3 Issued and dated this é] day ofdMa'y, 2011.
4 TEACHER STANDARDS AND PRACTICES COlVHVIISSION
5 STATE OF O GON
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7 By m)
8 Victoria Chamber ' cutive Director
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Page 4 STIPULATION OF FACTS AND REVOCATION OF RIGHT To APPLY - CROSBY