1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION i 2 OF THE STATE OF OREGON " 3 In the Matter of the Teaching ) STIPULATION OF FACTS AND 4 and Administrative License of ) FINAL ORDER OF SUSPENSION ' 5 ROBERT ELDEN WAITE ) g On or about May 1, 2009 the Teacher Standards and Practices Commission 8 (Commission) referred Robert Elden Waite (Waite) t0 investigation for potentially 9 misassigning educators. 1O After review of the matters alleged, Waite and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts and the imposition of a 30 day suspension. 13 By signing below, Waite 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 \ 16 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of _ 17 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation 18 and Final Order is a public document and disclosed to the public upon request by the 19 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 20 approval and adoption by the Commission. If the Commission does not approve and 21 adopt this Stipulation and Final Order, then neither Waite nor the Commission are 22 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 23 understands it completely; (v) he voluntarily, without any force or duress, enters into 24 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 25 Final Order below; (vi) he states that no promise or representation has been made to 26 induce his to sign this Stipulation and Final Order; and (vii) he has consulted with an 27 attorney regarding this Stipulation and Final Order and has been fully advised with 28 regard to his rights thereto, or waives any and all rights to consult with an attorney prior Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION -— ROB ELDEN WAITE 1 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 2 Final Order below. 3 STIPULATION OF FACTS 4 1. Waite has been licensed as a teacher in Oregon since September 15, 1993. He currently 5 holds a Standard Teaching License, issued on October 29, 2005 and expires on October 6 28, 2010. His current Continuing Administrator License, issued, October 29, 2009, 7 expires on October 28, 2014. During all relevant times Waite was the Superintendent of 5 8 the Echo School District. ‘ 9 10 2. Under the direction of Mr. Waite, the Echo School District had two incidents of failure t0 ‘ 1 1 follow Commission rules. One individual, licensed as a language arts teacher, was 12 identified by district personnel, including Mr.Waite, as a ‘counselor’ in official district 13 documents and correspondence. The second individual, a special education aide, was 14 left alone with students in a home economics class unsupervised by the assigned licensed 1 5 teacher. 16 17 IT IS SO STIPULATED: f :Ilg Q/TW ,é J4“- /7,20/z' 20 W Date 5% MM 3' 8/ A21 23 Victoria Chamberlal ecutive Director Date 24 Teacher Standards and Practices Commission l 25 CONCLUSION 0F LAW I 26 While Robert Elden Waite was Superintendent of Echo School District, at least two 27 educators served in violation of Commission regulations with regard to proper assignment. This ' 28 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as 29 it incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-oo4o(4)(o) 3O as it incorporates OAR 584-020-0035(2)(a) (Apply for, accept, ofler, or assign a position of 31 responsibility only on the basis of professional qualifications, and will adhere to the conditions 32 0f a contract or the terms of the appointment). 33 34 The Commission’s authority to impose discipline in this matter is based upon 35 ORS 342.175. Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION — ROB ELDEN WAITE i 1 ORDER T 2 The Commission hereby imposes a 3o day Suspension on the teaching and 3 administrative licensure of Robert Elden Waite beginning on the date 0f this Order. 4 Issued and dated this 13 day 0M2012. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 STATE OF O GON f 7 8 By 9 V1ctoria C am r ' cutive Director Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION — ROB ELDEN WAITE