" 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 4 ln the Matter of the ) STIPULATION OF FACTS MAY 02 2001 5 Teaching License of ) ORDER OF REPRIMAND _ ." ..3 6 DONALD M. WALDEN ) AND PROBATION m > : H1;- 7 ) 8 On or about June 22, 2000, the Teacher Standards and Practices Commission 9 (Commission) received a report from Giles E. Parker, Superintendent, Coos Bay Public 10 Schools indicating that Donald M. Walden, a licensed educator, may have violated 11 Standards by pushing a student with sufficient force so that the student's head was 12 banged against a wall. The Superintendent also reported that Mr. Walden had been . 513 previously placed on a plan of assistance for teaching proficiency (not related to A 14 physical contact). 15 Mr. Walden fully cooperated with the Commissions investigation and did not 16 contest the allegations. After review of the matters alleged, Mr. Walden and the 17 Commission agree that their respective interests, together with the public interest, are l 18 best served by a stipulation to certain facts and the imposition of a period of probation ‘ 19 of two (2) years. This Order sets forth the facts upon which the parties have agreed 20 and the sanction to be imposed. ln entering into this stipulation, Mr. Walden waives the 21 right to a hearing to contest the findings of fact, conclusion of law and order set forth 22 below. Mr. Walden understands that the probation will be subject to specific 23 conditions. ' 24 / / / Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION . 1 STIPULATION OF FACTS 2 1. TSPC has licensed Mr. Donald M. Walden as an Oregon Educator 3 continuously since July 1, 1976. He currently holds a Basic Oregon Teaching License 4 with Basic Music and Basic Elementary endorsements issued on July 6, 2000 valid until 5 June 11,2003. 6 2. Mr. Walden was employed by the Coos Bay Public Schools, to teach music at 7 the elementary and middle school levels, from August 29,1994, until his resignation in 8 lieu of termination, effective June 14, 2000. 9 3. During his six years of employment as a music teacher at the Coos Bay Public 10 Schools, Mr. Walden’s evaluations demonstrated a need for improvement in the areas 11 of age-appropriate communication with students and the exercise of professional .12 judgment in the discipline of students. Mr. Walden was placed on an a plan of 13 assistance to address these concerns, and he successfully completed the plan on 14 October 20, 1998. 15 4. Mr. Walden admits the use of inappropriately sarcastic comments and humor 16 with students in the classroom that may have caused them embarrassment due to their l7 vulnerable age. 18 5. Mr. Walden admits to use of discipline techniques which may have caused 19 physical discomfort or embarrassment t0 the students. 20 6. Mr. Walden accepts responsibility for his behavior and acknowledges his 21 behavior was inappropriate in that he failed to maintain appropriate communication and . 22 professional judgment in his communications with and discipline of students. Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION ‘ ' 1 This stipulation is contingent upon approval and adoption of the Order by the 2 Commission. If the Commission does not adopt this Order, neither Mr. Walden nor the 3 Commission are bound by these Stipulations and Mr. Walden retains all rights to a 4 hearing on the allegations. 5 lT IS SO STIPULATED: 6 MM M 7 onald M. Walden Date 8 £04,) :I‘;'Mb:%:é: : 4!}?!0] 9 David V. Myto Execu e Director Date 10 Teacher Standards and Practices Commission 11 CONCLUSION OF LAW 12 In using inappropriately sarcastic comments and humor with students and '13 inappropriate discipline techniques which caused students embarrassment, Mr. Donald 14 M. Walden failed to demonstrate a commitment to use professional judgment and 15 competency in communication in violation of OAR 584-020-0010(5). 16 ORDER 17 The Commission imposes a Public Reprimand on Mr. Walden. This Stipulation 18 of Facts, Order and Probation constitutes the Reprimand. Furthermore, the 19 Commission imposes a two (2) year probation upon Mr. Walden to commence on ‘ 20 May 11, 2001, subject to the following conditions: I 21 1. Mr. Walden shall at his own expense, participate in an intensive training 22 program concerning appropriate Communication and Professional Judgment skills 23 conducted by a qualified trainer of the Commission's choosing within the first six .24 months of probation. This intensive training shall consist of not less than eight (8), one 25 hour sessions. The Commission will provide the trainer with a Copy of this Order prior Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION ' 1 t0 Mr. Walden beginning the program. The program trainer will provide the Commission 2 with a report of successful program completion. 3 2. Mr. Walden shall comply with all Standards for Competent and Ethical 4 Performance under Chapter OAR 584, Division 020. 5 3. Mr. Walden shall provide information as requested by the Commission to 6 verify that he has complied with the conditions of probation, including a statement from 7 his employing district that he has complied with the Standards for Competent and 8 Ethical Performance under Chapter OAR 584, Division 020. 9 Violation of the terms of this probation may constitute an independent basis for 10 the Commission to impose discipline, up to and including revocation of Mr. Walden’s 11 teaching license subject Mr. Walden’s right to a hearing on the issue of whether he .12 violated probation. 13 Dated this iday of May 2001 14 TEACHER STANDARDS AND PRACTICES COMMISSION 15 16 By: 2% ‘ é [LL/i]: 17 David V. M ton, Ex cutive Director 18 Ap roved as to form: ,9 £10161 gk‘ t M 20 Aruna Masi ,O B #97324 21 Attorney for Donald M. Walden 22 O Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION