1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter 0f the Educator ) DEFAULT ORDER OF

5 License 0f ) PUBLIC REPRIMAN D

6 TIM BOWMAN ) AND PROBATION

7

8

9 On November 28, 2016, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice 0f Opportunity for Hearing to Tim Bowman (Bowman) in
ll which the Commission charged him with Gross Neglect of Duty. The Notice was sent via
12 U.S. First Class Mail and U.S. Certified Mail Receipt 7016 0750 0000 2419 0426 t0 the
l3 address 0n file with the Commission. The Notice designated the Commission file as the
l4 record for purposes 0f proving a prima facie case. The Certified Mail receipt was returned
15 “Signed” to the Commission on December 2, 2016. The first class mail was not returned to
l6 the Commission and presumed delivered. The Notice 0f Opportunity of Hearing, dated
l7 November 28, 2016, and signed by Monica Beane, then Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 On December 19, 2016, Bowman requested a hearing through his counsel. 0n March 2,
27 2017, Bowman’s attorney withdrew her representation of Bowman. On April 11, 2017,
28 Bowman's case was referred to the Office 0f Administrative Hearings for a contested case
29 hearing. A pre-hearing was scheduled and held on May 24, 2017. Bowman did not
30 participate. The hearing was held at the Salem OAH offices on November 28, 2017, Bowman
31 did not appear. Administrative Law Judge Allen declared the hearing a default. The
32 Commission, therefore, finds Bowman to be in default and enters the following findings of
33 fact, conclusions of law, and final order, based on the files and records of the Commission
34 concerning this matter.
35 FINDINGS OF FACT
36 1. Bowman has been licensed by the Commission since June 14, 1982. Bowman
37 holds a Standard Teaching License, with endorsements in Basic Health

PAGE 1-DEFAULT ORDER OF REPRIMAND- TIM BOWMAN

1 Education (018) and Standard Physical Education (018), valid from October 19,

2 2014, through October 18, 2019. During all relevant times, Bowman was

3 employed by the Portland Public School District.

4 2. On September 22, 2015, the Commission received a report from the Oregon

5 _ Department of Human Services (DHS) alleging that Bowman physically grabbed

6 a student by his shirt, leaving a visible mark on the student’s neck area. On

7 February 16, 2016, the Commission received a report from Portland Public

8 Schools indicating that Bowman may have violated professional standards,

9 specifically, being overly aggressive and striking a gym door near a student’s
10 head, causing the door’s window to break. A confrontation with the student V
ll occurred shortly thereafter. Subsequent investigation determined the following
12 events occurred:
l3 a. On September 18, 2015, student SBL complained that Bowman had
l4 grabbed SBL by his shirt as he was running past Bowman during an indoor
15 soccer game. SBL reported that Bowman grabbed him by his shirt, pulled
16 him close to Bowman’s face and yelled at him to calm down. SBL reported
l7 that Bowman pulling him by his shirt resulted in leaving a mark 0n SLB’s
18 p neck that caused him discomfort. On October 2, 2016, the district issued
19 Bowman a letter of concern and expectations for violating student
20 discipline policy.
21 b. On February 9, 2016, while students were lined up waiting for the gym
22 doors to be opened, student EWK was banging on the door. Bowman
23 approached the door from the student side and struck the door or window
24 causing the window to crack. Several student witnesses stated that
25 Bowman made a comment implying that “it was a good thing that was not
26 somebody’s head” or something similar to that effect. Soon after letting the
27 students into the gym, EWK, while inspecting the damage t0 the window,
28 locked himself out of the gym again. EWK began banging on the door for
29 someone t0 let him back inside. EWK reported that Bowman opened the
30 door, and while passing him, Bowman made physical contact with him
31 (“bumped” him) and stated t0 EWK “Attitude”. The student became
32 verbal, began yelling and cursing at Bowman. This escalation caused a

PAGE 2-DEFAULT ORDER OF REPRIMAND- TIM BOWMAN

l significant distraction to the class and required intervention of another
2 teacher to diffuse the situation. On May 27, 2016, as a result of Bowrnan’s
3 actions, the district made recommendation to discharge Bowman’s
4 employment. On July 19, 2016, Bowman resigned his employment with
5 the district.
6 CONCLUSIONS OF LAW
7 Tim Bowman engaged in unprofessional conduct as described in section 2 above. The
8 conduct in section 2(a) above conduct constitutes Gross Neglect of Duty in violation of ORS
9 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use
10 professional judgment), and OAR 584-020-0020(2)(d) (Skill in the supervision of
11 students). The conduct in section 2(b) above conduct constitutes Gross Neglect of Duty in
12 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
13 0010(5) (Use professional judgment), OAR 584-020-002o(2)(d) (Skill in the supervision of
14 students), OAR 584-020-0030(2)(b) (Skill in communicating with administrators,
15 students, stafl, parents, and other patrons); and OAR 584-o2o-oo4o(4)(e) (Violent or
16 destructive behavior on school premises 0r at a school-sponsored activity).
17
18 The C0mmissi0n’s authority to impose discipline in this matter is based upon ORS
19 342.175.
20 FINAL ORDER
21 The Commission hereby issues a Public Reprimand upon Tim Bowman’s Educator
22 licensure, and places Bowman on probation for a period of two (2) years from the date of
23 this order. This probation period is subject to the following terms and conditions:
24 1. Bowman shall comply with the Standards for Competent and Ethical Performance
25 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division
26 020.
27 Violation of any term or condition of probation shall constitute an independent
28 basis for the Commission to revoke Bowman’ teaching license or otherwise
29 impose discipline, after first providing Bowman with notice and opportunity for
30 hearing.
PAGE 3-DEFAULT ORDER OF REPRIMAND- TIM BOWMAN

1 IT IS SO ORDERED THIS 16th day of January, 2018.

2

3 TEACHER STANDARDS AND PRACTICES COMMISSION

4

5 By: 4 a Z9?’ Q %

6 Anthony J. Rosilez, Executive Director

7

8 NOTICE OF APPEAL OR RIGHTS

9
10 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
11 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
12 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
l3 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.

PAGE 4~DEFAULT ORDER 0I= REPRIMAND- TIM BOWMAN