1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIogi up,» 2 9 7 [I 2 ' OF THE STATE OF OREGON 5’ ,, ‘ 0/3 , 3 In the Matter of the ) STIPULATION OF FACTS Aliiiii t. i’ 4 Educator License of ) FINAL ORDER 0F REPRIMAND ' 1 ifiiaf-ryt i 5 LUKE RAYMOND BARBEE ) AND PROBATION 1%“; g On April 16, 2012, the Teacher Standards and Practices Commission 8 (Commission), received a report from the Central Point School District alleging 9 professional misconduct on the part of licensed educator, Luke Raymond Barbee 1 O (Barbee). 1 1 After review of the matters alleged, Barbee and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to 1 3 certain facts and the imposition 0f a public reprimand and four year probation period. 14 Barbee denies the allegations, but stipulates that there is sufficient information 15 contained in the Commissions files to support the stipulation of facts set forth below. 16 By signing below, Barbee acknowledges, understands, stipulates, and agrees t0 17 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 1 8 the findings of fact, conclusions of law, and order set forth below, and fully and finally 19 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 20 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 21 this Stipulation and Final Order is a public document and disclosed to the public upon 22 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and Q 23 subject t0 approval and adoption by the Commission. If the Commission does not 24 approve and adopt this Stipulation and Final Order, then neither Barbee nor the 25 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 26 Final Order, and understands it completely; (v) he voluntarily, without any force or 27 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 28 the Stipulated Final Order below; (vi) he states that no promise or representation has 29 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 30 consulted with an attorney regarding this Stipulation and Final Order and has been fiilly 31 advised with regard to his rights thereto, or waives any and all rights to consult with an 32 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 33 the Stipulated Final Order below. 34 STIPULATION OF FACTS 35 1. Luke Raymond Barbee has been licensed by the Commission since July 21, 2006. 36 Barbee’s Substitute Teaching License, with an endorsement in Substitute Any Specialty Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- BARBEE, LUKE RAYMOND 1 PP-12, was issued on October 11, 2011, and expires on June 27, 2015. Barbee also holds 2 an Initial I Teaching License with endorsements in Integrated Science (HS/ML) and 3 Multiple Subjects (MIDLVL), issued on November 5, 2012, and expires on June 27, 4 2015. During all relevant times, Barbee was employed by the Central Point School 5 District. 6 2. During the 2011-2012 school year, Barbee worked as a substitute teacher for the Central 7 Point School District. In January 2012, the district received a patron complaint regarding 8 Barbee texting, emailing, and exchanging gifis with a female student. Both the district 9 and the Commission conducted investigations into the complaint. 1O 3. These investigations determined that while no romantic relationship existed between 1 1 Barbee and the student, Barbee did exchange personal texts, and emails with the student 12 that was outside the professional teacher / student relationship. Investigation 13 determined that Barbee had exchanged minor gifts with the student, and several other 14 students, but these gifts did not appear significantly personal nor outside standard 15 teacher / student relationships. The year after his resignation from Central Point School 16 District; Barbee was contacted by the student via email, to which he replied. Two years 17 later, when Barbee had returned to Central Point's employment, he contacted the 18 student via text to inform her of his return to the school district and that she, and other 19 students, should visit him when he was substitute teaching. Approximately 25 — 3o text 20 messages were exchanged between Barbee and the student, over six separate dates 21 between November 2011 and February 2012. Both text and email correspondence 22 occurred without parental knowledge or approval. 23 24 IT IS SO STIPULATED: 25 g», 1"’) [w 5 4 26 :12 ~4. 4/ 1'1 15 27 Luk ’ - ymond Bar - ee ‘ Date 23 W!” ‘lo/1.111 13/1 ALL 1 30 '1ctoria 38!“?- . 'n, Executive Director Date 31 Teacher Standards and Practices Commission 32 CONCLUSION OF LAW 33 Luke Raymond Barbee participated in a relationship with a student that included 34 him reciprocating the student's efforts to communicate with him via personal texts, and Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- BARBEE, LUKE RAYMOND 1 emails. These conversations were not communicated t0 the student’s parents or school 2 administrators and after investigation were determined to go beyond standard, 3 professional teacher / student relationships. This conduct constitutes gross neglect 0f 4 duty in violation of ORS 342.175 (1)(b); OAR 584-020-0040(4)(n) as it incorporates 5 OAR 584-o2o-oo1o(5) (Use professional judgment); OAR 584-020-0035(1)(c)(D) 6 (Maintain an appropriate professional student-teacher relationship by: Honoring 7 appropriate adult boundaries with students in conduct and conversations at all times). 8 The Commission's authority to impose discipline in this matter is based upon 9 ORS 342.175. 1 0 ORDER 1 1 Based on the foregoing, the Commission hereby orders as follows: 12 1. The Commission adopts and incorporates herein the above findings of fact and 1 3 conclusions of law, and based thereon, imposes a Public Reprimand on Luke 14 Raymond Barbee’s Educator License(s); 15 2. Barbee is hereby placed on probation for a period of four (4) years from the date 16 this order is signed by the Commission subject tO the following conditions: 17 a. Within six (6) months of this order, Barbee will submit documentation 1 8 that he has completed a Commission approved Boundaries Training. 19 b. Barbee shall comply with the Standards for Competent and Ethical 20 Performance of Oregon Educators under Oregon Administrative Rules 21 Chapter 584, Division O20. 22 W’ 23 Issued and dated this £11 day 01%013. 24 TEACHER STANDARDS AND PRACTICES COMMISSION 25 STATE OF OREGON i? t3 M é %241¢L41M Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- BARBEE, LUKE RAYMOND CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Luke Raymond Barbee 276 B. St, Apt 1 Ashland, OR 97520-1924 . 116/ DATED ihlS a? day or August, 2013. By: M Patty ' dell Investigative Assistant CERTIFICATE OF MAILING — BARBEE, LUKE RAYMOND