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 ) ORDER OF REPRIMAND 5 CHRISTOPHER MARC GILMAN ) AND PROBATION 6 On or about February 9, 2004, the Teacher Standards and Practices 7 Commission (Commission) received a report from Richard Gregory, Superintendent, 8 Medford School District indicating that Christopher Marc Gilman [Gilman] engaged in 9 unprofessional conduct through his interactions with female students. 10 Alter review of the matters alleged, Mr. Gilman and the Commission agree that 11 their respective interests, together with the public interest, are best served by a 12 stipulation to certain facts, the imposition of a Public Reprimand and a two (2) year 13 probation. This Order sets forth the facts upon which the parties have agreed and the ’ sanction to be imposed. Mr. Gilman stipulates that there are sufficient facts contained 15 in the Commission’s files and records to support the findings ot tact and conclusions of 16 law set forth below. In entering into this stipulation, Mr. Gilman waives the right to a 17 hearing to contest the findings of fact, conclusion of law and order set forth below. 18 Mr. Gilman understands that the probation will be subject to specific conditions. 19 STIPULATION OF FACTS 20 1. The Commission has licensed Christopher Marc Gilman since July 9, 1996. 21 Mr. Gilman currently holds a Standard Teaching License valid July 31, 2000, through 22 June 11, 2006, with a Standard Elementary Endorsement. ~ 23 2. During the period of December 2008, Mr. Gilman was employed as an 24 elementary school teacher with the Medford School District. . 3. During the period of December 2003, Mr. Gilman, on multiple occasions 26 engaged in inappropriate physical conduct with 4‘h grade female students. Such Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Gilman 1 inappropriate conduct included permitting students to sit in his lap during the class, . “tickling” of female students, and the touching of female students on the leg. Such 3 inappropriate conduct also included pats on the buttock area during athletic activities 4 and free-play time. 5 4. Mr. Gilman recognizes that his touching of the students was inappropriate. 6 Christopher Marc Gilman enters into this Stipulation of Facts with the knowledge 7 that the Teacher Standards and Practices Commission shalt place him on probation for 8 a period of two (2) years. This Stipulation is contingent upon approval and adoption of 9 the Order by the full Commission. If the Commission does not adopt this Order, neither 10 Mr. Gilman nor the Commission are bound by these stipulations and Mr. Gilman retains 11 the right to a hearing on the allegations. 12 IT IS SO STIPULATED: ‘ 0Z9‘ 944;. 07131 [th 4 Chris her Mar Gilman Date 15 W 711022? 16 Victoria Cham rlain, Executive Director Date 17 Teacher Standards and Practices Commission 18 CONCLUSIONS 0F LAW 19 Christopher Marc Gilman violated OAR 584-020-0040(4)(0) by failing to maintain 2O an appropriate professional student-teacher relationship by touching female student’s 21 on the stomach, leg's and buttocks, and by permitting students to sit in his lap during 22 the hours of classroom instruction. This misconduct constitutes Gross Neglect of Duty. 23 The Commission’s authority to impose discipline in this matter is based upon ORS 24 342.175. 25 /// _ ‘a / // i Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Gilman / i . . (2.52%)», ‘ i T h sr a d dP t‘ c ,iksté! _i eac er an ar s an rac ices ornmission :1; regon 465 Commercial St. NE ~. ‘3/’, Theodore R. Kulongoski, Governor Salem, OR 97301 ‘ E ,1 (503) messes, (503) 3784448 fax February l l, 2005 WWW.TSPC.state.or.us contact.tspc@state.or.us Adam Arms ' Attorney at Law I McKanna I Bishop l Joffe l & Sullivan I LLP I635 NW Johnson Street Portland OR 97209 RE: CHRISTOPHER MARC GILMAN Your File No. 03.283 Dear Mr. Arms: On January l3, 2005, the Teacher Standards and Practices Commission adopted a Stipulation 0f Facts, Order of Reprimand and Probation regarding your client, Christopher Marc Gilman. The Order imposed a Public Reprimand upon Christopher Gilman and a two-year probation subject to conditions. A fully executed copy ofthis Order was sent to you on January 3 I , 2005. This Order was signed by Christopher Gilman on July 31, 2004, and approved as to form by you. That signed Order was received after the Commission’s summer July 28—30 meeting occurred. ‘ In practice, it should have been considered by the Commission at the next regularly scheduled Commission meeting in October 2004. However, due to an oversight within our office, that 4 Order was not adopted by the Commission untilthe January 2005 meeting. As you stated, one condition of the probation was for Mr. Gilman to seek evaluation by a psychotherapist, therapist or medical professional acceptable to the Commission and provide the Commission with treatment-compliance reports every six months. Since this Order was not approved by the Commission until January 2005, the written report from an evaluator attesting that Mr. Gilman is fit to work with children and the probability Mr. Gilman will not repeat inappropriate physical contact with students in the future shall be provided by July 28, 2005. Treatment-compliance reports shall then be provided every six (6) months during the period of probation, on or before January 28, 2006: July 28, 2006; and January 28, 2007. I apologize for the inconvenience this caused. If you have any questions, please do not hesitate to call. Thank you for your assistance in this matter. Sincerely, Victoria Chamberlain ~ . Executive Director /mgh \ft'xt 1 ORDER ‘ The Commission imposes a Public Reprimand on Christopher Marc Gilman. 3 This Stipulation of Facts, Order and Probation constitutes the Reprimand. Furthermore, 4 the Commission imposes a two (2) year probation upon lVlr. Gilman subject to the 5 following conditions. 6 The terms of probation are as follows: 7 1. Mr. Gilman shall, seek evaluation by a psychotherapist, therapist or medical 8 professional acceptable to the Commission. As part of his evaluation, Mr. Gilman shall 9 furnish a copy of this order to the evaluator. 1O 2. The evaluator shall submit to the Commission. a written report attesting that 11 Mr. Gilman is fit to work with children and that there is a high probability Mr. Gilman will w 12 not repeat inappropriate physical contact with students in the future. Mr. Gilman shall ‘ submit to the Executive Director of the Commission reports ot his compliance with the 14 treatment plan. Mr. Gilman shall provide these reports every six (6) months during his 15 probation, on or before January 28, 2005; July 28, 2005; January 28, 2006; and July 28, 16 2006. 17 3. Mr. Gilman shall comply with all Standards tor Competent and Ethical 18 Performance under Oregon Administrative Rules, Chapter 584, Division O20. 19 If Mr. Gilman does not comply with his treatment pian based on the reports of 20 his treatment provider or as othen/vise determined by the Executive Director he shall be 21 in violation of the terms of this probation. Violation of the terms of this probation may 22 constitute an independent basis for the Commission to impose discipline, up to and 23 /// '1 /// Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION ~ Gilman i I 1 including revocation of Mr. Gilman’s teaching license subject to Mr. Gilman’s right to a . hearing on the issue of whether he violated probation. lxhuav 5160:; 3 IT IS SO ORDERED this 13 day of mlzeafl- 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 v 6 By 7 ' oria Chamber i Executive Director 8 % 9 _ 1O Adam S. Arms, OSB#01018 1 1 Attorney tor Christopher Marc Gilman [0630041 Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Gilman