1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) SURRENDER AND FINAL ORDER 5 MICHAEL JOHN ALLISON ) OF REVOCATION OF LICENSURE g On or about August 31, 2009, the Teacher Standards and Practices Commission 8 (Commission) received a report indicating possible inappropriate conduct by Michael 9 Allison (Allison), a teacher in the Gresham-Barlow School District. 10 After review of the matters alleged, Mr. Allison and the Commission agree that 11 their respective interests, together with the public interest, are best served by surrender 12 of Allison's license, a stipulation to certain facts and the revocation of his teaching 13 license, pursuant to ORS 342.175(1). 14 By signing below, Mr. Allison acknowledges, understands, stipulates, and agrees 15 to the following: (i) he has been fully advised of his rights to notice and a hearing to 16 contest the findings of fact, conclusions of law, and order set forth below, and fully and 17 finally waives all such rights and any rights to appeal or othenlvise challenge this 18 Stipulation of Facts and Final Order of Revocation (Stipulation and Final Order); (ii) this 19 Stipulation and Final Order is a public document and disclosed to the public upon 20 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 21 subject to approval and adoption by the Commission. Ifthe Commission does not 22 approve and adopt this Stipulation and Final Order, then neither Mr. Allison nor the 23 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 24 Final Order, and understands it completely; (v) he voluntarily, without any force or 25 duress, enters into this Stipulation and Final Order and consents to issuance and entry 26 of the Stipulated Final Order below; (vi) he states that no promise or representation has 27 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully Page 1 STIPULATION OF FACTS, SURRENDER AND REVOCATION OF RIGHT TO APPLY - ALLISON 1 advised with regard to his rights thereto, or waives any and all rights to consult with an 2 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 3 the Stipulated Final Order below. v 4 STIPULATION OF FACTS 5 1. The Commission has licensed Mr. Allison since April 1, 2002. Allison currently ' 6 holds a Standard Teaching License, with endorsements in Basic Health and 7 Basic Physical education, issued May 5, 2005 and valid through October 8, 2010. 8 2. On or about July 9, 2009, the Gresham-Barlow School District officials received 9 information regarding alleged inappropriate conduct between Mr. Allison and a 10 female student. 11 3. Friends 0f the female student reported to school officials that Mr. Allison 12 communicated with the female student via text message and cell phone calls. 13 Friends of the female student characterized this correspondence as flirtatious. 14 4. Friends of the female student alleged various intimate physical contact between 15 Mr. Allison and the female student. Mr. Allison denied making inappropriate 16 physical contact. 17 5. A school district investigation uncovered allegations that Mr. Allison was often 18 alone with the female student during athletic training. 19 6. Mr. Allison did not report to school district officials the romantic notes left on his 20 car by this female student. 21 7. Gresham-Barlow School District placed Mr. Allison on administrative leave 22 pending the outcome of the district's investigation. Mr. Allison subsequently 23 resigned from the Gresham-Barlow School District on August 24,?05; 24 /// 25 /// 26 /// Page 2 STIPULATION OF FACTS, SURRENDER AND REVOCATION OF RIGHT TO APPLY - ALLISON 1 IT IS SO STIPULATED: 2 ~~ / /// Z5 4' 3 f 1.. ‘I ._' 5’ 0 4 Mi - : a oh Allison _ Date 2 a) IMM/ .i-ig-m 7 Victoria Cha . = ai ecutive Director Date 8 Teacher Standards and Practices Commission 9 I // 10 CONCLUSION OF LAW 11 Mr. Allison communicated inappropriately with a female student via cell phone 12 and text messaging, as described in paragraphs 2 and 3 above. This conduct 13 constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(o) as it 14 incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with 15 students in conduct and conversations at all times). 16 Mr. Allison failed to maintain an appropriate professional relationship with a 17 student, as described in paragraphs 2, 4 and 5 above. This conduct constitutes Gross 18 Neglect of Duty in violation of OAR 584-020-0035(1)(c). (Maintain an appropriate 1 9 professional student-teacher relationship). 20 Mr. Allison failed to report to school district officials that a student had romantic 21 feelings toward him, as described in paragraph 6 above. This conduct constitutes Gross 22 Neglect of Duty in violation of OAR 584-020-0040(4)(o) as it incorporates OAR 584-020- 23 0035(1)(c)(C) (Reporting to the educator’s supervisor if the educator has reason to 24 believe a student is or may be becoming romantically attached to the educator). 25 It was alleged that Mr. Allison engaged in inappropriate physical contact with a 26 female student, as described in paragraph 4 above. This conduct constitutes Gross 27 Neglect of Duty in violation of OAR 584-020-0040(4)(t) (Sexual conduct with a student). 28 The Commission's authority to impose discipline in this matter is based upon ORS 29 342.175. Page 3 STIPULATION OF FACTS, SURRENDER AND REVOCATION OF RIGHT TO APPLY - ALLISON 1 ORDER 2 Based on the stipulated facts and conclusion of law, the Commission hereby 3 accepts the surrender of the Standard Teaching License of Michael John Allison and 4 revokes his license from the date of this order. 5 . 6 Issued and dated this Z 2 day of May, 2010. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 STATE OF REGON 1 O By M 11 Ictoria Char ra , xecutive Director 12 l Page 4 STIPULATION OF FACTS, SURRENDER AND REVOCATION OF RIGHT TO APPLY - ALLISON . l