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 AND 5 FRANK WILLIAM ANDERSON ) PROBATION 6 On July 13, 2005, the Teacher Standards and Practices Commission (Commission) 7 received a report from Craig Roessler, Superintendent, Silver Falls School District indicating 8 that Frank William Anderson (Anderson) violated standards. 9 Mr. Anderson fully cooperated with the Commission’s investigation. After review of the 10 matters alleged, Mr. Anderson and the Commission agree that their respective interests, 1 1 together with the public interest, are best served by a stipulation to certain facts, the imposition 12 of a public reprimand followed by a three (3) year probation. This Order sets forth the facts 13 upon which the parties have agreed and the sanction to be imposed. Mr. Anderson stipulates 14 that there are sufficient facts contained in the Commission's files and records to support the . findings of fact and conclusions of law set forth below. In entering into this stipulation, 16 Mr. Anderson waives the right to a hearing to contest the findings of fact, conclusion of law and 17 order set forth below. Mr. Anderson understands that the probation will be subject to specific 18 terms and conditions. 19 STIPULATION OF FACTS - 20 1. Mr. Anderson has been licensed by the Commission sincefebruary 6, 1996. 21 Mr. Anderson currently holds a Standard Teaching License valid December 23, 2004, through 22 November 21, 2009, with endorsements in Standard Handicapped Learner and Standard 23 Visually Impaired. 24 2. Mr. Anderson began his employment with the Silver Falls School District on 25 February 5, 1996. 26 3. Mr. Anderson resigned his position with the Silver Falls School District, effective .‘7' November 2, 2005, due to a disability and has been accepted for PERS disability retirement. Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - ANDERSON 1 4. Mr. Anderson engaged in communication with an instructional aid, including giving . her poems and songs in braille, in a manner that she found to be too personal. 3 5. Mr. Anderson engaged in physical conduct with an instructional aid, including giving 4 her hugs, in a manner that she found to be too personal. 5 Mr. Anderson enters into this Stipulation of Facts with the knowledge that the 6 Commission shall place him on probation for a period of three (3) years. This Stipulation is 7 contingent upon approval and adoption of the Order by the full Commission. If the Commission 8 does not adopt this Order, neither Mr. Anderson nor the Commission are bound by these 9 stipdlations and Mr. Anderson retains the right to a hearing on the allegations. 1O lT IS SO STIPULATED: 11 éwdb c MME 51a (2.00‘? 12 F nk William Anderson Date Ii i Mg/JMM £4; we 15 Victoria . a ber in, Executive Director Date ‘ Teacher Stan ards and Practices Commission 17 CONCLUSIONS 0F LAW 18 1. Frank William Anderson violated OAR 584-020-0040(4)(l) (sexual harassment) by 19 failing to maintain an appropriate professional Mm relationship. This conduct . twwwcwéitiflv. . . 20 constitutes Gross Neglect of Duty. The Commissmn s authority to imp se d|s01pl|ne in this 21 matter is based upon ORS 342.175. 22 /// 23 /// 24 /// O Page 2 — STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - ANDERSON 1 ORDER ‘ The Commission adopts the above Stipulation of Facts and imposes a Public Reprimand 3 on Frank William Anderson. This Order shall serve as the Public Reprimand. 4 The Commission places Mr. Anderson on Probation for a period of three (3) years to 5 commence May 11, 2006, subject to the following terms and conditions: 6 1. Mr. Anderson shall comply with the Standards for Competent and Ethical 7 Performance of Oregon Educators pursuant to Oregon Administrative Rules Chapter 584, 8 Division 020; and 9 2. The Commission recognizes that Mr. Anderson is currently on disability retirement. 10 However, in the event that Mr. Anderson is offered the opportunity to return to a regular 1 1 teaching position by any district, prior to commencing work in that position, Mr. Anderson shall ‘ 12 provide documentation that he has completed (at his own expense), at least eight (8) hours of 13 counseling regarding appropriate boundaries with co-workers. Mr. Anderson shall provide the ‘ person conducting the counseling a copy of this Order and the counselor shall provide the 15 Commission with a report of successful completion of the boundary training counseling. 16 Violation of any of the terms of probation shall constitute an independent basis for the 17 Commission to revoke Mr. Anderson’s teaching license or otherwise impose discipline, after first 18 providing Mr. Anderson with notice and opportunity for hearing. 19 IT ls so ORDERED this l6; day of May, 2006. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 22 B . ‘ 23 ictoria Ch ain, Executive Director 24 Approved as to form: 25 26 gm fléw 27 Elizabet McKanna OSB# 9306 ‘3 Attorney for Frank William Anderson [0412061 Page 3 ~ STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - ANDERSON