1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF REPRIMAND g PETER LEAS PORATH ) AND PROBATION 7 On January 25, 2006, the Teacher Standards and Practices Commission (Commission) 8 received a report from Walt Blomberg, Superintendent, Woodburn Schools indicating that on 9 December 12, 2005, Peter Leas Porath (Porath) used unreasonable physical foroe on a student when 10 he bit him on the inside thigh during wrestling practice while acting as Assistant Wrestling coach. 11 Mr. Porath fully cooperated with the Commission’s investigation. After review of the matters 12 alleged, Mr. Porath and the Commission agree that their respective interests, together with the public 13 interest, are best served by a stipulation to certain facts, a reprimand followed by a period of probation 14 of two (2) years. Mr. Porath understands that the probation will be subject to specific terms and 15 conditions. p This document sets forth the facts upon which the parties have agreed and the stipulated 17 sanction to be imposed. Mr. Porath stipulates that there is sufficient evidence in the Commission's 18 files and records to support the findings of fact, conclusions of Iaw, and order set forth below. 19 By signing below, Mr. Porath acknowledges, understands, stipulates, and agrees to the 20 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 21 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 22 rights to appeal or otherwise challenge this Stipulation of Facts, Final Order of Reprimand and 23 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 24 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 25 contingent upon and subject to approval and adoption by the Commission. If the Commission does 26 not approve and adopt this Stipulation and Final Order, then neither Mr. Porath nor the Commission 27 are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands ‘I. it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - PORATH 1 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no ' promises or representation has been made to induce him to sign this Stipulation and Final Order; and 3 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully 4 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior 5 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 6 below. 7 This stipulation is contingent upon approval and adoption of the Order by the Commission. If 8 the Commission does not adopt this Order, neither Mr. Porath nor the Commission are bound by 9 these Stipulations and Mr. Porath retains all rights to a hearing on the allegations. 10 STIPULATION OF FACTS 11 1. Mr. Porath has been licensed by the Commission since February 1, 2000. 12 Mr. Porath holds an Initial Teaching License issued April 2, 2003, valid until November 7, 2006, with a 13 Social Studies endorsements. ' 2. Mr. Porath began employment with the Woodburn School District as an elementary teacher 15 on August 24, 2000, and performed duties as Assistant Wrestling Coach for the District for the 2004- _ 16 2005 school year. 17 3. On December 12, 2005, while performing duties as an Assistant Wrestling Coach in 18 Woodburn High School, at least six wrestlers, weighing between 180 and 215 pounds each, came up 19 to Mr. Porath from behind in an attempt to give him a “wedgie”. In the process of getting the boys off 20 of him, Mr. Porath bit the inside of a wrestler's leg leaving distinct teeth marks. On January 9, 2006, 21 Mr. Porath received a written reprimand from the District. 22 4. Mr. Porath accepts responsibility for his behavior and acknowledges his behavior was 23 inappropriate. 24 CONCLUSION OF LAW ' 25 Peter Leas Porath violated OAR 584-020-0040(4)(d) on December 12, 2005, when he bit the . inside thigh of a wrestler. This misconduct constitutes Gross Neglect of Duty. The Commission has Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - PORATH 1 authority to impose discipline in this matter under ORS 342.120 through 342.120 through 342.430 and ‘ OAR Chapter 584. 3 IT IS SO STIPULATED' ___\ 4 , \ B i Z Il Z 07 5 ~ 7:‘ ' AS P077“ Date 6 £929,114,‘ #0230; 7 Victoria Che.’ -' , Executive Director Date 8 Teacher Standards and Practices Commission 9 ORDER 10 The Commission imposes a Public Reprimand on Peter Leas Porath. This Stipulation of 11 Facts, Order and Probation constitutes the Reprimand. 12 Furthermore, the Commission imposes a two (2) year probation upon Mr. Porath subject to the 13 following terms and conditions: 14 1. Mr. Porath shall submit, within the first six months of said probation, documentation that he 15 has completed (at his own expense), a class on appropriate behavior with students and a public " apology to the student in writing with a copy to the Commission. 17 2. Mr. Porath shall comply with all Standards for Competent and Ethical Performance under 18 Oregon Administrative Rules, Chapter 584, Division 020. 19 Violation of any term or condition of this probation may constitute an independent basis for the 20 Commission to impose discipline, up to and including revocation of Mr. Porath’s teaching license 21 subject to Mr. Poraths right to a hearing on the ‘file it; wh/ether he violated probation. if more)» 22 IT IS SO ORDERED this 4W; day ofxmy, 2007. 23 TEACHER STANDARDS AND PRACTICES COMMISSION 24 STATE OF OREGON 25 ' 26 B 27 V'ctoria Cham ‘n, Executive Director 28 Approve s to f m: . / / ‘ s K. oyle, O 97251 '1 31 A ney for Peter Leas Porath [011007] Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - PORATH