1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ; '7 OF THE STATE OF OREGON i 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 GARY BROOKS WILSON ) AND PROBATION 6 On or about June 23, 2004, the Teacher Standards and Practices Commission ‘ 7 (Commission) received a report from Steve lverson, Superintendent, Grants Pass School 8 District, alleging that Gary Brooks Wilson (Wilson) made statements to students and behaved in 9 a manner which the District deemed to be inappropriate. 10 Mr. Wilson fully cooperated with the Commission's investigation. After review of the 11 matters alleged, Mr. Wilson and the Commission agree that their respective interests, together 12 with the public interest, are best sen/ed by a stipulation to certain facts, a public reprimand and 13 the imposition of a one (1) year period of probation. 14 This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. Mr. Wilson stipulates that there are sufficient facts contained in the Commission's Q files and records to support the findings of fact set forth below. In entering into this stipulation, 17 Mr. Wilson waives the right to a hearing to contest the findings of fact, conclusions of law and 18 order set forth below. Mr. Wilson understands that the probation will be subject to specific 19 conditions. This stipulation is entered into based solely on the Commission’s standards 20 established by rule and statute pursuant to ORS 342.175 through ORS 342.180. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Mr. Wilson nor the 23 Commission are bound by these Stipulations and Mr. Wilson retains all rights to a hearing on 24 the allegations. 25 STIPULATION OF FACTS 26 1. On August 21, 2001, the Commission issued Mr. Wilson a Transitional Teaching i License with a Standard Music Endorsement. The license expired on August 21, 2004. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Wilson 1 2. Mr. Wilson has been employed by the Grants Pass School District as a music ‘ teacher at Grants Pass High School since August of 2001. On June 21, 2004, the Grants Pass 3 School District attempted to terminate Mr. Wilson’s contract. On February 16, 2005, the Fair 4 Dismissal Appeals Board (FDAB) issued an Order setting aside the dismissal of Mr. Wilson and 5 reinstating his employment with the Grants Pass School District. Mr. Wilson is currently serving 6 the District in a non-classroom position. 7 3. Mr. Wilson acknowledges that in January 2004, while trying to make long-distance 8 calls to arrange for his choir to perform at the Cathedral in San Francisco, he was interrupted by 9 two boys drumming in the room next door. After asking them to be quiet a few times, he told 10 them if they did not quiet down, he was going to shoot them or shoot himself. 11 4. In April 2004, a situation arose in Mr. Wilson's classroom in which a student who was , 12 on a last chance agreement, acted out in an obscene way, pretending he had a giant penis 13 which he was thrusting at the girls in the soprano section. Mr. Wilson knew it was necessary to remove this student permanently from the choir. Feeling exasperated, Mr. Wilson muttered the Q word “fuck” under his breath. Mr. Wilson contends it was not meant to be heard or even to be 16 said out loud, but admits that some students near him heard it. i I7 5. Immediately following the incident described in the paragraph above, a female 18 student in the class, verbally challenged Mr. Wilson's decision. The conversation escalated with 19 the female student saying that Mr. Wilson could be fired for his conduct. Mr. Wilson responded 20 by saying: “The only reason that they could fire me is if l were to rape you." Mr. Wilson later 21 apologized for these comments. 22 /// 23 /// 24 /// 25 i Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Wilson I 6. Mr. Wilson acknowledges that his behavior was inappropriate and has expressed ‘ ‘ remorse for his communication with students. 3 IT IS ULATED: 4 2M 7~ #406" 5 G-n 5 uksWiI a . . Date t /%%le m " LL “()5 7 ictoria Ch. a -r -', Executive Di ector Date 8 Teacher Standards and Practices Commission 9 CONCLUSIONS 0F LAW 10 Mr. Wilson failed to demonstrate a commitment to use professional judgment, by using 11 inappropriate words and exhibiting poor communication skills in the presence of students in 12 violation of OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) and OAR 584- 13 020-0020(1). This misconduct constitutes Gross Neglect of Duty. The Commission’s authority 14 to impose discipline in this matter is based upon ORS 342.175. 15 // / ' // / 17 /// O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Wilson 1 ORDER '2 The Commission adopts the above Stipulation of Facts and imposes a Public 3 Reprimand. This Order shall serve as the Public Reprimand. 4 Furthermore, Mr. Wilson will be placed on probation for a period of one (1) year. It is 5 understood by the parties that during the next year Mr. Wilson will identify a competent 6 counselor and obtain counseling regarding his goals of achieving very high quality in the 7 classroom and the best approach to achieve such goals, including refraining from choosing 8 words which are inappropriate in the presence of students. 9 Mr. Wilson will comply with all Standards for Competent and Ethical Performance of 10 Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020. 11 Violation of the terms of this probation may constitute an independent basis for the t 12 Commission to impose discipline, up to and including revocation of Mr. Wilson's teaching I3 license subject to Mr. Wilson's right to a hearing on the issue of whether he violated probation. IT IS SO ORDERED this £ day of August 2005. Q TEACHE TANDA AND PRACTICES COMMISSION 1,, 5,, jZZQ \ Zfla/aé/c /ar/i.11 17 Victoria Cham erl in, Executive Director 18 Approved as to form: 13 Zr,mra~ 21 Elizabet McKanna, OSB # 89306 22 Attorney for Gary Brooks Wilson [070805] O Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Wilson