1 STATE OF OREGON TEACHER STANDARDS AND PRACTICES COMMISSION 2 In the Matter Of the ) STIPULATION OF FACTS 3 Teaching License of: ) and ORDER OF SUSPENSION RONALD MARES SHERMAN ) 4 ) 5 On or about September 25, 1997, The Teacher Standards and Practices Commission (Commission) issued a Notice of Opportunity 6 for Hearing to Ronald Mares Sherman (Sherman) in which the Commission proposed to suspend or revoke his Oregon teaching 7 license or to impose other discipline under ORS 342.177. The basis for the proposed action was Sherman's violation of an 8 agreement he had made with the Eugene School District 4J on or about March 7, 1995. 9 The Commission and Sherman have now reviewed the matters 10 alleged and have agreed that their respective interests, together with the public interest, are best served by entering an Order 11 suspending Sherman's license for one year based upon the following Stipulation of Facts. In entering this Stipulation, Sherman waives 12 his right to a hearing. This agreement sets forth the facts upon which the parties have agreed including the Commission's Order of 13 one year suspension of Sherman's teaching license. 14 FINDINGS OF FACT 15 Sherman agrees and stipulates that evidence in the record exists to support the following Findings of Fact by the Commission: 16 1. In 1995 the Eugene School District 4J began an 17 investigation of Sherman to determine whether he had engaged in a designated act of gross neglect of duty as 18' set out in law and rule. Sherman denies that he engaged in any such acts of gross neglect of duty. The 19 Commission, after investigation of Sherman, found insufficient cause to charge Sherman with gross neglect 20 of duty regarding the 1995 Eugene School district 4J concerns. 21 2. After consultation with an attorney, and in order to 22 avoid controversy concerning the issue, the teacher offered to resign on March 3, 1995, and agreed to 23 restrictions on future employment on March 7, 1995, as set out in paragraph 3 of a written agreement which 24 specified: 25 /// 26 /// .TAGE 1 — STIPULATION OF FACTS AND ORDER OF SUSPENSION .,u . 1 Restrictions on future employment. 2 In consideration of the acceptance of the teacher's resignation, the teacher agrees that he 3 shall not under any circumstances apply for, nor fill, the position of teacher nor any other 4 employment that places the teacher in contact with children under the age of 18, at any time in the 5 future. Should District become aware of such employment, it will inform the Teacher Standards 6 and Practices Commission or equivalent. 7 This shall be a continuing obligation under the terms of this agreement. Annually, in September 8 of each year, beginning with the year 1995 and ending with the year 1999, the teacher shall 9 notify the District in writing of the location and nature of the Teacher's employment. 10 3. The District notified the Commission of the 11 investigation and disposition of the matter on or about March 7, 1995, consistent with law. 12 4. A Commission investigator commenced an investigation in 13 1996 and determined that Sherman began working for . Yakima Education Service District 105 in Washington in 14 1995. His position title was Special Education ‘ Inservice Coordinator. The position description 15 provides in part: "The Special Eduction Inservice Coordinator is responsible for providing leadership, 16 technical assistance and program and personnel development to school districts and state operated 17 programs serving handicapped students in ESD 105." Sherman continues to be employed by ESD 105, but his 18 duties are administrative in nature. 19 5. Sherman failed to notify Eugene School District 4J of his employment at the Yakima ESD 105, in violation of 20 the March 7, 1995, agreement. 21 6. The Commission contends that Sherman's work at Yakima ESD 105 in 1995 and 1996 placed him in occasional 22 contact with children under the age of 18 in violation of the March 7, 1995, agreement. Sherman contends that 23 any contact with children was only incidental to his primary duties and was not in violation of the contract 24 referred to in finding of fact 2. Because of stipulated finding of fact No. 5, it was unnecessary 25 for the Commission to resolve this issue. 26 /// “AGE 2 - STIPULATION OF FACTS AND ORDER OF SUSPENSION 1 7. Based upon the above stipulated facts, Sherman agrees that his Oregon teaching license should be suspended 2 for one year. 3 8. This Stipulation and the Proposed Order are contingent upon approval by the full Commission at the 4 Commission's next meeting. If the Commission does not approve this Stipulation, the matter will be returned 5 to the Commission for a hearing. However, Sherman shall be bound by the matters in this Stipulation 6 contained in paragraph 1-7. 7 CONCLUSIONS OF LAW 8 Sherman's actions set forth above constitute a violation of OAR 584-20-035(2)(a) and (3)(a). 9 IT IS SO STIPULATED: 10 ll l _ . , 12 Rogald Mares SEerman Da e 13 . /Z 4 l “I 7 . "14 . fluflfifl&[ I kv/‘ a; ‘a7 . David V. Myton Date 15 Executive Director, Teacher Standards and Practices Commission l6 17 ORDER 18 The Commission adopts the above findings of fact, and suspends the teaching license of Ronald Mares Sherman for one 19 year from the date of approval of this Order by the Commission. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 'PAGE 3 - STIPULATION OF FACTS AND ORDER OF SUSPENSION 1 Sherman continues to be bound to the written terms of the March 7, 1995, agreement with Eugene School District 4J unless 2 modified by the parties. Should that agreement be modified, Sherman will provide written notice to the Commission along with 3 a copy of the revision. {4 . '1" ’ 4 DATED this Z Q day of Aprgg/T998. 5 6 LQ 4 ' 4” David V. Myto 7 Executive Director Teacher Standards and Practices Commission 8 9 Approved as to form 1° t/ 11 \ /W Terence amm s, Attorney for 12 Ronald Mares Sherman l3 .. O 4 d; 14 A» 0/2 . Gary M. ordy 15 Attorney for TSPC 16 l7 18 l9 20 21 , 22 23 24 25 26 tjh/GMC/JGG1117B 'JAGE 4 - STIPULATION OF FACTS AND ORDER OF SUSPENSION