i BEFORE THE TEACHERS STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON In the Matter of the ) STIPULATION OF FACTS Administrative License of ) AND ORDER OF DISCIPLINE GENE HARP ) ) —________1 On May 16, 2000, the Teacher Standards and Practices Commission issued a Notice of Opportunity for Hearing to Gene Harp in which it proposed disciplinary action against Mr. Harp pursuant to the Commission’s authority under ORS 342.175 through 342.190. This action followed the Commission’s investigation of a complaint that Mr. Harp had violated OAR 584-020-0040(4)(1). The Commission and Mr. Harp have now stipulated to the Facts and Order of Discipline which follow. In entering into this stipulation, Mr. Harp has waived his right to hearing. This agreement states the facts upon which the parties have agreed and includes the ( Commission’s Order. l. Gene Harp holds a Standard Administrative License endorsed for principal and administrator and valid until March 6, 2001. 2. Gene Harp was employed by the Oregon Trail School District as Principal, Cedar Ridge Middle School from 1996 to December 31, 1999. 3. During the 1998-99 academic year and the fall of 1999 Gene Harp supervised a female teacher. 4. In the course of his supervision of the above referenced teacher Gene Harp engaged said teacher in conversation on several occasions that extended to matters that she regarded as personal. 5. The conversation, as above described, was deemed by the teacher as uninvited, intrusive and offensive and caused her to feel that her work environment was hostile and intimidating. 1 PAGE -l- PROPOSED STIPULATION AND ORDER-WALLACE EUGENE HARP . 6i In his conversation and interaction with a teacher under his supervision, as above described, Wallace Eugene Harp, failed to adhere to boundaries appropriate to a supervisory relationship. 7. The conduct of Gene Harp as above described violated OAR 584-020-0040(4)(l) and, thereby, is deemed gross neglect of duty. Gene Harp enters into this Stipulation of Facts with knowledge that the Teacher Standards and Practices Commission will adopt an Order of Discipline for gross neglect of duty. This Stipulation is contingent upon approval of the Stipulation of Facts and adoption of the Order by the Commission. If the Commission does not adopt this Order, neither Mr. Harp nor the Commission are bound by these stipulations and Mr. Harp retains all rights to a hearing on the allegations. IT IS SO STIPULATED: é >__ $13 i é _/ f%; /3 61600 Gene Date 713/ Z W . David V. Myton, Execu e Director Date Teacher Standards and Practices Commission ULTIMATE FINDINGS OF FACT Gene Harp engaged in conducted proscribed by OAR 584-020-0040((4)(l) This conduct constituted gross neglect of duty within the meaning of TSPC rules. CONCLUSIONS OF LAW Under ORS 342.175 the Commission may impose sanctions on educators whose conduct constitutes gross neglect of duty. OPINION In the capacity of a middle school principal, Gene Harp engaged in conduct toward a subordinate female teacher whom he supervised which conduct was experienced by the teacher as causing an intimidating and hostile work environment. PAGE -2- PROPOSED STIPULATION AND ORDER-WALLACE EUGENE HARP ’ ORDER The Commission imposes the following Discipline: 1. The Standard Administrative License issued to Gene Harp is suspended effective July, l7, 2000 for a period of ninety (90) days. 2. As a condition of reinstatement, Gene Harp shall successfully complete a course of training reasonably deemed by the Executive Director to be appropriate and sufficient relating to the elements of sexual harassment in the work place, supervisory boundaries and the responsibilities of the administrator. M‘ Dated this 9 f day of T5 é, C 2000 TEAC STANDARD AND PRACTICES COMMISSION I By David V. Myton, Ex utive Director es M. rown, Attorney for Mr. Harp / 8' 00 Gary M. rdy, Assistant Attorney General, Attorney for Teacher Standards and Practices Commission 7 ~ Z 7 '00 Date PAGE -3- PROPOSED STIPULATION AND ORDER-WALLACE EUGENE HARP