1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF REPRIMAND 5 Melvin Douglas Jordan ) AND PROBATION g On February 21, 2008, the Teacher Standards and Practices Commission (Commission) 8 received a report indicating possible inappropriate ‘physical contact with students by Melvin 9 Douglas Jordan (Jordan), a teacher in the Yamhill Carlton School District. 10 After review of the matters alleged, Mr, Jordan and the Commission agree that their 11 respective interests, together with the public interest, are best sewed by a stipulation to certain 12 facts and the imposition of a public reprimand and three (3) year probation. 13 By signing below, Mr. Jordan 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 waives all 16 such rights and any rights to appeal or'otherwise challenge this Stipulation of Facts and ‘Final , 17 Order of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulationand Final 18 Order is a public document and disclosed to the public upon request by the Commission; 19 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by 20 the Commission. lf the Commission does not approve and adopt this Stipulation and Final 21 Order, then neither Mr. Jordan nor the Commission are bound by the terms herein; (iv) he has 22 fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, 23 without any force or duress, enters into this Stipulation and Final Order and consents to 24 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or 25 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he 26 has consulted with an attorney regarding this Stipulation and Final Order and has been fully 27 advised with regard to his rights thereto, or waives any and all rights to consult with-an attorney Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION - JORDAN 1 prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 2 Final Order below. 3 STIPULATION 0F FACTS 4 1. The Commission has licensed Mr. Jordan since May 28, 1986. Mr. Jordan currently 5 holds a Standard Teaching License, with an endorsement in Basic Mathematics 6 (Elementary), issued May 4, 2008 and valid through May 3, 2013. He also holds Initial 7 Administrator License issued May 4, 2006 and valid through May 3, 2010. 8 2. 0n or about February 5, 2008, while working at Trask Mountain Middle School, Mr. 9 Jordan tucked in a tag or label located at the neck of clothing worn by student BH. This 10 conduct made the student uncomfortable. 11 3. The conduct noted in paragraph 2 also violated a directive given to Mr. Jordan by Janell 12 Ediger, a district administrator, who on or about May 15, 2007, advised him not to have 13 any physical contact of any kind with any student. 14 4. During the 2007-2008 school year, while working at Trask Mountain Middle School, Mr. 15 Jordan growled in the ears of students, including CL, AL, NH, and AS. Getting close to 16 the students and growling in their ears made them uncomfortable. 17 lT IS SO STIPULATED: 13 [@45 égkfl?£_ti%t 2?%% 2025i 20 Melvi Douglas Jordan Date 2; M 23 ictoria Cham 0W, Executive Director Date 24 Teacher Standards and Practices Commission 25 Ill 26 //l 27 // I 28 / ll 29 / // Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION - JORDAN 1 CONCLUSION OF LAW 2 Mr. Melvin Douglas Jordan touched the clothing of a student as described in paragraph 3 2 above. This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 4 584-020-0040(4)(n) (Substantial deviation from professional standards of competency) as it 5 incorporates OAR 584-020-0010(5) (Use professional judgment). The Commission's authority 6 to impose discipline in this matter is based upon ORS 342.175. 7 The conduct described in paragraph 2 of the stipulated facts also constitutes gross 8 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(o) (Substantial 9 deviation from professional standards of ethics) as it incorporates OAR 584-020-0035(1)(c)(D) 10 (Honoring appropriate adult boundaries with students in conduct and conversation at all times). 11 Violating a supervisor’s directive constitutes gross neglect of duty in violation of ORS 12 342.175(1)(b); OAR 584-020-0040(4)(n) (Substantial deviation from professional standards of 13 competency) as it incorporates OAR 584-020-0010(5) (Use professional judgment). 14 Getting close to students and growling in their ears constitutes gross neglect of duty in 15 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) (Substantial deviation from 16 professional standards of competency) as it incorporates OAR 584-020-0010(5) (Use 17 professional judgment); OAR 584-020-0040(4)(o) (Substantial deviation from professional 18 standards of ethics) as it incorporates OAR 584-020-0035(1 )(c)( D) (Honoring appropriate adult 19 boundaries with students in conduct and conversation at all times). 20 /// 21 /// i 22 /// j 23 /// 24 ll/ i 25 / ll 26 / // Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION - JORDAN 1 ORDER 2 The Commission adopts and incorporates herein the above findings of fact and 3 conclusions of law and, based thereon, imposes a written reprimand regarding the Standard 4 Teaching License of Melvin Douglas Jordan, effective the date of this Order. 5 Furthermore, the Commission places Mr. Jordan on probation for a period of three (3) 6 years subject to the following terms and conditions: 7 1. Mr. Jordan shall, at his own initiative and expense, seek professional advice 8 regarding appropriate boundaries in his work with students from a mental health 9 professional approved by the Commission. 10 2. Within the first six months of probation, Mr. Jordan shall submit to the Commission 11 documentation that he has undergone boundary training which addresses interaction 12 with students, specifically appropriate physical contact with students. 13 3. Mr. Jordan shall comply with the Standards for Competent and Ethical Performance 14 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 15 Violation of any of the terms or conditions of probation shall constitute an independent 16 basis for the Commission to revoke Mr. Jordan’s license or otherwise impose discipline, after 17 first providing Mr. Jordan with notice and opportunity for hearing. 18 Issued and dated this w day of August, 2009. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 STATE OF OREGON < 21 W 22 B MU . 23 Victoria Cha e , Executive Director Page 4 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION - JORDAN