" BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) SURRENDER AND 5 DANIEL CHRISTOPHER MURPHY ) ORDER OF REVOCATION 6 On November 26, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a report from Randy Harvey, Director of Human Resources and 8 Operations, Tigard-Tualatin School District, indicating that Daniel Christopher Murphy (Murphy), 9 engaged in unprofessional conduct with female students and staff. 1O After review of the matters alleged, Mr. Murphy and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts and surrender of his teaching license as per OAR 584-050-0027. 13 This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. Mr. Murphy stipulates that there are sufficient facts contained in the Commission’s Q files and records to support the findings of fact and conclusions of law set forth below. In 16 entering into this stipulation, Mr. Murphy waives the right to a hearing to contest the finding of 17 fact, conclusion of law and order set forth below. Mr. Murphy understands that the Commission 18 will revoke his teaching license. 19 This stipulation is contingent upon approval and adoption of the Order by the 2O Commission. If the Commission does not adopt this Order, neither Mr. Murphy nor the 21 Commission are bound by these Stipulations and Mr. Murphy retains all rights to a hearing on 22 the allegations. 23 STIPULATION OF FACTS 24 1. Mr. Murphy holds a Transitional Teaching License valid May 21, 2002, through 25 May 21, 2005, endorsed in Integrated Science. ‘ 2. During the 2002-2003 school year Mr. Murphy served as science teacher for the 27 Beaverton School District on a one year temporary contract at Westview High School. Page 1 STIPULATION OF FACTS, SURRENDER AND ORDER OF REVOCATION - MURPHY d 3. During the 2002-2003 school year, female students at Westview High School 2 reported that Mr. Murphy touched them on the shoulders and made them feel uncomfortable. j 3 Both male and female students reported that Mr. Murphy told inappropriate jokes of a sexual 4 nature in class. 5 4. During the 20022003 school year, staff members at Westview High School reported 6 that Mr. Murphy told inappropriate jokes of a sexual nature at school. 7 2. On August 25, 2003, Tigard-Tualatin School District hired Mr. Murphy as a science 8 teacher and assigned him to Fowler Middle School. Mr. Murphy resigned his employment with 9 the District on October 22, 2004. 1O 3. In October of 2004, a female 7'h grade student reported that during the spring of the 1 1 2003-2004 school year, at Fowler Middle School, Mr. Murphy hit her buttocks on two separate 12 occasions and engaged in inappropriate conversations with her while she served as his teacher’s assistant. Q: 4. A female 6m grade student, attending Fowler Middle School, reported that 15 Mr. Murphy “smacked/touched" her on the buttocks to get her attention on September 8, 2004. 16 The same female student reported that on September 23, 2005, Mr. Murphy asked her when 17 she would be of legal age. When the female student responded, “In five years, why?" Mr. 18 Murphy told her that he would be 4O years old then and asked if that would be too old for her. 19 5. Female staff members at Fowler Middle School reported that during the 2003-2004 2O school year Mr. Murphy made offensive sexual comments to them which included sexual 21 advances. 22 6. Mr. Murphy struck a female staff member on the buttocks with a magazine. When 23 she objected and told him not to ever do that again. He responded by asking her if she liked it 24 harder. O Page 2 STIPULATION OF FACTS, SURRENDER AND ORDER OF REVOCATION - MURPHY . 7. Three female staff members reported that Mr. Murphy rubbed his hands on their 2 shoulders/backs. Two female staff members reported that he continued to touch them in this 3 manner after they told him to stop. 4 IT I O STIPULATED: 5 M2 Q . Lit It 105 6 anie Christo h Murp Date 7 ‘ 7(’///dt3" 8 Victoria Cha rlain, Executive Director Date 9 Teacher Standards and Practices Commission 1O CONCLUSIONS OF LAW 11 Mr. Murphy's inappropriate sexual comments to students, including jokes he told to 12 students in class, constitute Gross Neglect of duty in violation of OAR 584-020-0040(4)(f). The 1S inappropriate physical contact Mr. Murphy engaged in with female students constitutes Gross 14 Neglect of duty in violation of OAR 584-020-0040(4)(f). The inappropriate physical contact and ' sexual comments Mr. Murphy made to female staff members created an offensive and hostile 16 work environment in violation of OAR 584-020-0040(4)(l). The Commission's authority to 17 impose discipline in this matter is based upon ORS 342.175. 18 /// 19 /// 20 /// O Page 3 STIPULATION OF FACTS, SURRENDER AND ORDER OF REVOCATION - MURPHY .1 ORDER 2 The Commission accepts the surrender of Daniel Christopher Murphy‘s Transitional 3 Teaching License and hereby revokes said license. 4 IT IS SO ORDERED this filthy of April, 2005. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 t 7 By; wt, 8 Victoria Chamberlan Exec' 've Director 9 1O Approved as to form: 1 1 12 13 V / 0 5 14 Adam S. Arms, OSB#01018 15 Attorney for Daniel Christopher Murphy [041105] Page 4 STIPULATION OF FACTS, SURRENDER AND ORDER OF REVOCATION 4 MURPHY