_ l BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION " OF THE STATE OF OREGON 2 3 In the Matter of the STIPULATION OF FACTS Teaching License of AND ORDER 4 JAMES WENDEL ENGEMAN 5 l 6 On May l6, 2000, the Teacher Standards and Practices Commission informed James Engeman that the 7 Commission found sufficient evidence of violation of Standards for Competent and Ethical Performance of Oregon Educators to warrant a hearing on the allegations of gross neglect of duty. Mr. Engeman requested a i 8 hearing on the allegations, but before a hearing date was set, the parties have agreed that their respective l interest and the interests of the State are best served by a Stipulation of Facts and Order of Public Reprimand l 9 as set forth below. l l 10 STIPULATION OF FACTS ‘ l l l. James Wendel Engeman holds a Standard Teaching License endorsed for Elementary, Educational Media, Reading and Handicapped Learner and valid from July 15, 1999 to l2 September 2, 2004. l3 2. On or about September 28, 1999, Engeman violated OAR 584-020-0040(4)(f) when he l touched BD, a male student in his class, at Monitor Elementary School in a manner that l l4 made BD feel uncomfortable 15 3. On or about September 30, 1998, Engernan violated OAR 584-020-0040(4)(f) when he touched II, a male student in his class, at Monitor Elementary School in a manner that made l6 II feel uncomfortable 17 James Wendel Engeman enters into this Stipulation of Facts with knowledge that the Teacher Standards and Practices Commission will issue a Public Reprimand This Stipulation is contingent upon approval and 18 adoption of the Order by the Commission‘ If the Commission does not adopt this Order, neither Mr. Engeman nor the Commission are bound by these stipulations and Mr. Engeman retains all rights to a hearing on the l 9 allegations 20 I S SO STIPULATED: 21 w 060i W 5 1000 J Wendel Engeman D 22 t b! / 7» Z (>0 23 avid V. Myton, Executiv Director Date Teacher Standards and Pra tices Commission 24 ULTIMATE FINDINGS OF FACT 25 26 James Wendel Engeman violated OAR 584-020-0040(4)(f) when he touched two male students while -' serving as a substitute teacher at Monitor Elementary School in the Silver Falls School District in a manner that made them feel uncomfortable. PAGE l---PROPOSED STIPULATION AND ORDER-JAMES ENGEMAN l CONCLUSIONS OF LAW 2 ' 3 Under ORS 342.175 and OAR 584-020-OO40(4], the conduct described in the Findings of Fact 4 constitutes gross neglect of duty. 5 6 ORDER 7 8 The Commission issues a Public Reprimand to James Wendell Engeman for gross neglect of 9 duty and this Order shall serve whe reprimand. 10 fl/ 11 Dated this Z 2 day of l/f'j 5 E , 2000. 12 13 TEACHER STANDARDS AND PRACTICES COMMISSION l4 15 » 16 *1 17 By M N 18 David V. Myton, Executive Director 19 20 DVM/rngh 21 22 CERTIFICATE OF MAILING 23 24 25 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 26 as such by U.S. Certified Mail with Return Receipt Requested to attorney for James Engeman: 27 . 28 Lawrence J. Hall 29 Attorney at Law 3O P O Box 785 31 Silverton, OR 97381 32 33 34 741V 35 Dated this ) day of , 2000. 36 37 38 W 39 / /’i WJ 40 By ’ ‘14411571 41 Me ,- - . a on 42 Ex ‘w As stant to the Commission PAGE 2—PROPOSED STIPULATION AND ORDER——JAMES ENGEMAN