1 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 ) AND FINAL ORDER 5 LEVI ALAN MOODY ) OF REPRIMAND 6 On or about March 20, 2007, the Teacher Standards and Practices Commission (Commission) 7 received a report from Sandra Husk, Superintendent, Salem-Keizer School District, indicating that as 8 a substitute teacher, Levi Alan Moody, humiliated or embarrassed students who wanted to use the 9 restroom. 10 Mr. Moody fully cooperated with the Commission's investigation. After a review of the matters 11 alleged, Mr. Moody and the Commission agree that their respective interests, together with the public 12 interest, are best served by a stipulation to certain facts and the imposition of a Public Reprimand. 13 This document sets forth the facts upon which the parties have agreed and the stipulated 14 sanction to be imposed. Mr. Moody stipulates that there is sufficient evidence in the Commission's 15 files and records to support the findings of fact, conclusions of law, and order set forth below. 16 By signing below, Mr. Moody acknowledges, understands, stipulates, and agrees to the 17 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 18 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 19 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Reprimand 20 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to 21 the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon 22 and subject to approval and adoption by the Commission. If the Commission does not approve and 23 adopt this Stipulation and Final Order, then neither Mr. Moody nor the Commission are bound by the 24 terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) 25 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to 26 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or 27 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND - MOODY 1 regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering 2 into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 3 STIPULATION OF FACTS 4 1. The Commission has licensed Mr. Moody since April 12, 2004. Mr. Moody currently holds 5 an Initial l Teaching License valid July 5, 2005, through April 23, 2009, with endorsements in English 6 for Speakers of Other Languages, Language Arts at the middle and high school levels and multiple 7 subjects at the middle level. 8 2. Mr. Moody worked as a substitute teacher for the Salem-Keizer School District until he was 9 informed on March 5, 2007, that the District would no longer use his services for substitute teaching. 10 3. On one or more occasions, Mr. Moody required 12 year-old students to sing “I'm a little 11 teapot," before being allowed to leave the classroom to use the restroom. Students reported feeling 12 embarrassed and humiliated. 13 lT IS SO STIPULATED: 14 Saga‘ Stamp %h@=%4 j; 3~ Li~oq 1 5 Lev‘ Moody Date 16 W; o’- ,ZJ *0? 17 ictoria berlain, xecutive Director Date 18 Teacher Standards and Practices Commission 19 CONCLUSIONS OF LAW 20 Levi Alan Moody required students to sing “I'm a little teapot" before being allowed to leave the 21 classroom to use the restroom. This conduct constitutes Gross Neglect of Duty in violation of OAR 22 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all 23 persons and respect for each individual), OAR 584-020-0010(5) (Use professional judgment), and 24 OAR 584-020-0020(1) (The competent educator is a student of human behavior and uses this 25 knowledge to provide a climate that is conducive to learning and that respects the rights of all persons 26 without discrimination.) The Commission has authority to impose discipline in this matter under ORS I 27 342.120 through 342.430 and OAR Chapter 584. 28 // / 29 // / Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND - MOODY 1 ORDER 2 The Commission hereby adopts and incorporates herein the above findings of fact and 3 imposes a Public Reprimand on Levi Alan Moody. This Stipulation of Facts and Order constitute the 4 Reprimand. 5 ll / fit 6 Issued and dated this Z day of May, 2009. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 STATE 0 REGON 9 _. 10 11 ictoria C rlai , Executive Director 12 l I / 13 Approved as to form: 14 15 16 Thomas Doyle OSB# 972511 17 Attorney for Levi Alan Moody [022809] Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND - MOODY